No Comment — August 14, 2009, 1:15 pm

Your Tax Dollars At Work

Federal prosecutors in Arizona have struck against a new menace that threatens the safety of the community. They brought charges against Walt Stanton, a divinity student at Claremont School of Theology in California. The crime? Stanton left bottles filled with drinking water in the Buenos Aires National Wildlife Refuge, an 18,000-acre area that straddles the border with Mexico, smack in the middle of one of the most heavily traveled routes for illegal immigrants from Mexico. Stanton belongs to a group called “No More Deaths,” which works to combat the large number of deaths suffered by those crossing illegally—frequently involving heat prostration and dehydration. Stanton states that he was appalled by the number of people dying in transit through the area and wanted to do something to save lives. CNN reports that prosecutors saw it differently:

Noting the phrase scrawled on many of the plastic water jugs–”buena suerte,” or “good luck” in Spanish–the prosecutors said, “The obvious conclusion is that the defendant and No More Deaths wish to aid illegal aliens in their entry attempt.”

That’s certainly true. They don’t want them to die. And that constitutes aid. But the argument that not wanting illegal immigrants to die in transit is wrongful is certainly a novel construction of federal law.

So here’s a law exam question: assume on one hand that Stanton and his like leave water behind to avoid the unnecessary death of those crossing the border without proper provisions, and on the other hand, federal prosecutors use all the resources in their control to interdict them, with the clear understanding that their actions make the death of immigrants by dehydration or heat stroke more likely. Whose thinking constitutes scienter associated with a crime?

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

April 2015

The Joke

= Subscribers only.
Sign in here.
Subscribe here.

Abolish High School

= Subscribers only.
Sign in here.
Subscribe here.

Beat Reporter

= Subscribers only.
Sign in here.
Subscribe here.

Going It Alone

= Subscribers only.
Sign in here.
Subscribe here.

Rotten Ice

= Subscribers only.
Sign in here.
Subscribe here.

Life After Guantánamo

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Browsings]
Photograph by the author
Article
Rotten Ice·

= Subscribers only.
Sign in here.
Subscribe here.

“When I asked if we were going to die, he smiled and said, ‘Imaqa.’ Maybe.”
Photograph © Kari Medig
Article
Life After Guantánamo·

= Subscribers only.
Sign in here.
Subscribe here.

“I’ve seen the hell and I’m still in the beginning of my life.”
Illustration by Caroline Gamon
Article
Going It Alone·

= Subscribers only.
Sign in here.
Subscribe here.

“The call to solitude is universal. It requires no cloister walls and no administrative bureaucracy, only the commitment to sit down and still ourselves to our particular aloneness.”
Photograph by Richard Misrach
Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

“She didn’t speak the language, beyond “¿cuánto?” and “demasiado,” but that didn’t stop her. She wanted things. She wanted life, new experiences, a change in the routine.”
Photograph © Stuart Franklin/Magnum Photos

Acreage of a Christian nudist colony under development in Florida:

240

Florida’s wildlife officials decided to remove the manatee, which has a mild taste that readily adapts to recipes for beef, from the state’s endangered-species list.

A 64-year-old mother and her 44-year-old son were arrested for running a gang that stole more than $100,000 worth of toothbrushes from Publix, Walmart, Walgreens, and CVS stores in Florida.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Driving Mr. Albert

By

He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.

Subscribe Today