Thursday, 10 May 2012




















Why would the White House consider 

Susan Sarandon a security risk?


Published April 24, 2012
FoxNews.com

Susan Sarandon, almost as well-known for her liberal activism as she is for making movies, is claiming that she was recently denied a security clearance to visit the White House, and that the government has tapped her phone.


We know we’re under surveillance, I’ve had my phone tapped,” Sarandon told the audience during a question and answer session at New York’s Tribeca Film Festival. She also said she had twice seen a file the government holds on her by filing Freedom of Information requests.


A rep for Sarandon did not respond to FoxNews.com's request for further comment, and government officials are staying mum on the matter, too. So why, as Sarandon claims, would the feds would want to keep the Oscar-winner on close watch, and out of the White House all together?
"We know we’re under surveillance, I’ve had my phone tapped"
- Susan Sarandon
Based on her history of activism and outspoken nature in pursuing her agenda, it makes sense that the White House would be leery about her motives for a White House visit,” Michael Wildes, an immigration lawyer at New York-based Wildes & Weinberg, told FOX411’s Pop Tarts. “Her motivation to bring this out is more than likely about her political agenda more so than it is her looking for attention. But, wire taps do not necessarily have to be indicative of someone that is a serious security threat, especially in the Patriot Act era.”


Sarandon’s liberal activism has spanned over four decades. She has also put her celebrity behind several Democratic presidential hopefuls, including John Kerry and John Edwards; called for elections to be monitored by international authorities; vehemently protested against the invasion of Iraq; and rallied for the withdrawal of U.S. troops overseas.
Most recently, Sarandon came under fire for referring to Pope Benedict XVI as a ‘Nazi,’ and spoke out in support of the Occupy Wall Street movement. But given that President Obama is running for reelection, some say it is in his best interests to distance himself from the “Dead Man Walking” star.


By any objective standard, Susan is an extremist. Her far-left activism would have resulted in her being labeled a ‘subversive’ in decades past, and she is not someone Mr. Obama and his administration are likely to want to associate with given the upcoming election,” said California-based attorney, David Wohl. “Sarandon’s recent labeling of the Pope as a ‘Nazi’ could result in severe damage to the President’s re-election prospects with Catholic voters should he invite her to the White House."


Sarandon may also conside her self-suggested status as a security threat a boon to her activist reputation.
If true, it’s a badge of honor in her circles,” noted Jason Maloni of Levick Strategic Communications. “Plus I expect she’s not applying for a government job anytime soon."






Miami valedictorian fighting deportation

By John Couwels, CNN
(CNN) – An immigration judge has ruled two teenage girls, including a Miami high school valedictorian, are to be deported for being in the country illegally.
Daniela Pelaez, 18, and her sister Dayana came to the United States with their parents from Colombia 14 years ago and never left - overstaying their tourist visas.
A Miami immigration judge ruled this week that the two girls must be deported to Colombia, leaving the teenagers in shock.
"Education not deportation!" chanted fellow students Friday during a protest outside the North Miami Senior High School, where Pelaez is valedictorian.
The high school senior has a 6.7 grade point average and is at top of her class out of 823 students, said a school administrator.
"She's a good citizen, besides being a brilliant girl," said North Miami Senior High School administrator Larry Jurrist, who added he can't understand why the judge decided to deport the girls.
Pelaez told CNN anchor Suzanne Malveaux Friday that her family has been battling to stay in the United States legally.
"Colombia is my roots, but this is all I know," said Pelaez, who has applied to continue her studies at several top-tier schools, including Dartmouth College, Duke University and Trinity College.
The teenager wants to study cellular and molecular biology for a career in the medical field.
"What I have worked for since I was 4 years old - to live the American dream. And I feel like I earned it," she said.
The teen was shocked by the judge's ruling since her brother was allowed to become a citizen and is currently serving in the U.S. military. He has toured in Iraq and Afghanistan.
Immigration and Customs Enforcement spokesman Nestor Yglesias issued a statement Thursday on the teens' case that read: "Daniela and Dayana Pelaez have reserved the right to appeal an immigration judge's decisions ordering them to return to Colombia. ICE will not take any action against them while they pursue additional legal options."
The federal agency could also decide to take no further action, allowing the girls to remain in the United States.
"Can you imagine that? Literally putting a postage stamp on her forehead and send her packing," Michael Wildes, a professor at the Benjamin N. Cardozo School of Law, said about the case.
"This is completely out of character for our country," he told CNN. "I know the courts and the prosecutor will do right by her."
Pelaez said her attorney will appeal the judge's ruling and the teenager hopes she will get the opportunity to stay in the United States so she can decide in April which college to attend.






With Guilty Verdict, Deportation is Possibility for Ravi
Tuesday, March 20, 2012
Now that Dharun Ravi has been convicted of 15 charges related to his use of a webcam to spy on his gay roommate, he may also face possible deportation proceedings.
Ravi, 20, is a legal resident who was born in India and spent most of his life in New Jersey.
Anyone convicted of a crime that is defined as involving “moral turpitude” or an aggravated felony can face a deportation proceeding. It’s up to federal immigration officials to bring the case, and an immigration judge to make the final determination.
Michael Wildes, a New Jersey immigration attorney, said federal immigration officials have discretion on whether to proceed with a deportation case against Ravi. The former federal prosecutor thinks it is likely that Ravi will face deportation proceedings.
There's a lot of pressure on immigration because of the media and the attention of the world on this matter and I believe strongly that they will bring it,” Wildes said.
However, the determination of whether the convictions involve moral turpitude or are aggravated felonies is a complicated one, according to David Isaacson, an immigration attorney with Cyrus D. Mehta and Associates. It would take him several hours of research, if not days, to determine how the Ravi convictions fit into the federal statutes, according to Isaacson.
The federal law on whether a crime is defined as an aggravated felony involves 20 sub-sections. The case law on defining moral turpitude goes back to 1913, Isaacson said. It's a vague legal term used to describe conduct that is considered contrary to justice, honesty or morality.
Ravi was convicted by a New Brunswick jury Friday of invasion of privacy, bias intimidation, hindering a prosecution and witness tampering. Ravi’s lawyers said they will appeal the verdict.
A federal decision on whether to move forward on deportation will likely be made after Ravi is sentenced in May, since sentencing is one of the factors that determines whether or not to deport.
The government does not publish statistics on how many people it attempts to deport after a felony conviction, according to Transactional Records Access Clearinghouse, a Syracuse University institute that tracks federal enforcement agencies. The institute conducted a study of 156,713 people facing deportation because they were convicted of aggravated felonies and found that deportation rates changed depending on the number of years an immigrant lived here, which country they were from and their legal status. It also found aggravated felonies usually involved violent or drug-related crimes.





Defense begins today in Rutgers webcam case, must 
 chip away at narrative

Thursday, March 8, 2012 Last updated: Friday March 9, 2012, 8:01 AM
BY KAREN SUDOL
STAFF WRITER
The Record













Prosecutors in Dharun Ravi’s bias intimidation trial have methodically built a brick-by-brick case over the past 10 days, producing two dozen increasingly damaging witnesses and ending with a video of Ravi admitting that he invaded the privacy of his Rutgers roommate, Tyler Clementi.
Now it’s the defense’s turn.
Ravi attorneys, Steven Altman and Philip Nettl, face a potential uphill battle when presenting their defense, given that the state’s case has unfolded like a novel, with Ravi as the main character. Their goal will be to plant a seed of reasonable doubt with the jurors, one that perhaps showcases Ravi as an immature college kid who didn’t realize the consequences of his actions.
The question is, did he intend and actually commit a crime?” said Michael Wildes, a former federal prosecutor who has also served as Englewood’s mayor. “This is what a jury will have to decide.”
Ravi has been defined by the state as anti-gay and manipulative, someone who plotted to humiliate Clementi by using a webcam to spy on his tryst with another man. Clementi jumped from the George Washington Bridge just days after his first encounter was streamed live.
The plot has developed slowly, giving jurors time to reflect, as witness after witness testified that Ravi used Twitter to encourage others to view a second Clementi tryst, poking holes in the defense’s contention that the webcam was being used to safeguard Ravi’s iPad.
There was dorm mate Molly Wei, who said that Ravi set up the webcam that streamed the first encounter that was viewed in her room. Then came Rutgers student Lokesh Ojha, who testified that he helped Ravi aim the camera toward Clementi’s bed. Rutgers police said that Ravi withheld information as they conducted a search for Clementi, before they knew his fate.
Clementi’s companion, cloaked in mystery and identified only as M.B., testified that he had sex with Clementi on two dates — and saw the webcam and felt students were staring as he left the dorm room one night. A “viewing party with a bottle of Bacardi and beer” was also discussed on the stand.
Technology provided an unexpected twist, showing that Ravi deleted dozens of texts between himself and two other students. And a review of Clementi’s online accounts revealed that he had repeatedly checked Ravi’s Twitter page in the days and hours before he jumped to his death.
A video of Ravi’s interview with investigators provided a fitting conclusion to the prosecution’s case, letting jurors hear and see Ravi admit that he invaded Clementi’s privacy, but “didn’t realize it was something so private.”
While the defense is expected to last for two days, it’s still not known if Ravi, of Plainsboro, will testify. If he does, it would likely be on Monday.
Ravi, 20, faces multiple counts of invasion of privacy, hindering apprehension and bias intimidation - a hate crime punishable by up to 10 years in prison. Prosecutors say Ravi intended to intimidate Clementi because he was gay.
A glimpse of Altman’s plan of attack was revealed Thursday when he told the judge he would call character witnesses and Rutgers students to the stand. Also expected are a Middlesex County Prosecutor’s Office investigator and a Rutgers detective.
The defense also argued for the dismissal of some of the charges including invasion of privacy and bias intimidation counts. The judge later told the attorneys to assume that the charges would all stand but he would review his notes overnight and could revisit several of the counts.
In order to prove the bias intimidation counts, prosecutors must show that Ravi intimidated Clementi because of his sexual orientation. In the invasion of privacy charges, they have to demonstrate that Ravi set out to expose sexual conduct without permission.
Among Nettl’s arguments were that Ravi didn’t invade Clementi’s privacy because he had a right to view the contents of his room regardless of what was happening in it. Another was that the state hadn’t shown any evidence that Clementi was intimidated or put in fear because of Ravi’s actions – an element of bias intimidation.
Altman and Nettl could call witnesses to show that Ravi was not homophobic and never intended to humiliate or embarrass Clementi. Altman has maintained that Ravi set up the camera because he was worried his iPad would be taken by M.B. — which is what Ravi told investigators during his Sept. 23 police interview.
Altman has already been successful on cross examination in getting prosecution witnesses, particularly Rutgers’ students, to say under oath that Ravi hadn’t expressed any hatred toward Clementi and wasn’t homophobic.
Wei also bolstered the defense’s case when she said Ravi told her he set up the webcam because he was concerned M.B. would take his iPad. She had also been charged with invasion of privacy but accepted a plea deal that required her to testify.
Prosecutors have contended Ravi’s theory of why he used the webcam was an excuse and the interview was an example of him covering up his actions.
Chris Leibig, a Washington, D.C.-based criminal defense attorney of 16 years who has been following the case, said while the defense has a big burden, they would do well to “humanize Mr. Ravi and make obvious that this was not his intention and that he didn’t harbor any specific anti-gay bias.”
They need to build on the fact that, yes, he acted like an immature jerk, but this is not a criminal case,” he said.

Under Obama, guest-worker visa policy creates left-right conflict

By Gene J. Koprowski Published: 12:24 AM 01/09/2012












Non-resident visitors to the United States have their passports checked at immigration control after arriving at McCarran International Airport, Tuesday, Dec. 13, 2011, in Las Vegas. (AP Photo/Julie Jacobson)


Under the Obama administration, skilled foreign professionals like doctors and software engineers find dim hope in Emma Lazarus’s poetic lamp lifted “beside the golden door.” These huddled, high tech masses are, quite often, told by Washington policymakers to consider launching their careers in other countries.
One physician trained in South Africa, for example, recently applied for a visa to work in the U.S. Despite the shortage of skilled doctors in America, the Obama administration failed to grant him “extraordinary worker” status. For him, there will be no work at a pharmaceutical company, no hospital shifts, and no opportunity to start his own consulting firm.
New York City immigration attorney Andrew P. Johnson, who represented that doctor, told The Daily Caller that the administration concluded his client — who also has a master’s degree in public health — should work at a “non-profit.” The federal government, he said, put the doctor through a “bureaucratic labyrinth,” and eventually restricted his job mobility once he was in the U.S.
He was eventually forced to be based in Europe,” Johnson told TheDC.
Only 85,000 skilled foreign workers, including doctors and those with master’s degrees in technical subjects, are allowed in the U.S. every year to fill jobs in Silicon Valley, high-tech hospitals, and engineering firms. That’s fewer than are needed: The U.S. continues to lag behind the rest of the developed world in new graduates of university science, technology and mathematics programs.
A properly working guest worker program is “important to our economic growth,” Michael Wildes, another New York immigration lawyer told TheDC.
But progressive think tanks like the Economic Policy Institute (EPI) and other liberal interest groups are pressuring the administration to drag its feet even more. The left claims foreign professionals are being hired here because they are cheaper to employ than American workers, and that U.S. employers like Siemens, Pfizer and others treat them like indentured servants.
Foreigners, they say, are often hired before Americans are given the chance to interview for a job. “Many firms exploit these loopholes for competitive advantage and profit, at the expense of American workers and the American economy,” Ron Hira, an EPI research associate, wrote in a recent U.S. News & World Report op-ed.
Meanwhile, a bi-partisan bill to bolster business worker immigration, sponsored by Illinois Democrat Dick Durbin and Iowa Republican Chuck Grassley, languishes in the U.S. Senate.
At a time of persistent high unemployment in the U.S. and increasing public concern about immigration and border control, liberal policy wonks argue, Congress may be receptive to the idea that the law should require employers to offer Americans jobs before offering them to foreign nationals.
On the opposite end of the policy spectrum is the argument that reforming America’s “guest worker” program would prevent the U.S. economy from falling even further behind.
The guest worker program, overseen by U.S. Citizenship & Immigration Services inside the Department of Homeland Security, includes the “H-1B” guest worker visas, “L” visas for foreign employees of U.S. companies, and “O” visas for those the government considers “extraordinarily” talented.
Johnson worries that it has been more than a decade since business immigration visa law was last brought up to date.
Nowadays, with outsourcing so common,” he told TheDC, “those jobs can primarily be lost to other nations, or the U.S. company can operates overseas.”
Allowing the immigration of more skilled managers who already work for technology employers like Microsoft or IBM, says the American Immigration Lawyers Association, would also be good for the American economy.
Individuals are coming to establish a new entity related to their employer abroad, thus planting a seed of opportunity for U.S. workers,” AILA president Eleanor Pelta said.
Johnson claimed that rather than seeing this shortcoming as an economic development issue, the Obama administration and liberals in Congress are postponing change in order to make it part of “comprehensive immigration reform,” a strategy that would include an amnesty proposal for illegal aliens.
When there are enough qualified U.S. applicants, the government can reduce the number of visas available,” he explained. “But if we ignore the shortages — in engineering, IT and medicine — a U.S. company will set up operations outside the U.S., or outsource the job, and we will have lost another taxpayer.”