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?

Single Page

More from Scott Horton:

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

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.

Get access to 165 years of
Harper’s for only $45.99

United States Canada



October 2015

Lives by Omission

Lifting as We Climb

Cattle Calls

Getting Jobbed

view Table Content


“One of the peculiar things about economic inequality is that the people who are most articulate about it are not poor, while the poor themselves have said little, at least in print, about their situation.”
Photograph © Reuters/Brendan McDermid
“It would be nice to get through this review without recourse to the term ‘writer’s writer.’ The thing is, in the case of Joy Williams, I have seen the cliché made flesh.”
Illustration by Steven Dana
“Miniatures originated in Persia and were brought to the Indian subcontinent when the Mughals conquered it in the sixteenth century. They could take on almost any subject: landscapes or portraits; stories of love, war, or play.”
Painting by by Imran Qureshi.
“The business of being a country veterinarian is increasingly precarious. The heartland has been emptying of large-animal vets for at least two decades, as agribusiness changed the employment picture and people left the region.”
Photograph by Lance Rosenfield
“Rosie and her husband had burned through their small savings in the first few months after she lost her job. Now their family of five relied on his minimum-wage paychecks, plus Rosie’s unemployment and food stamps, which, combined, brought them to around $2,000 per month, just above the poverty line.”
Illustrations by Taylor Callery

Ratio of children’s emergency-room visits for injuries related to fireworks last year to those related to “desk supplies”:


The ecosystems around Chernobyl, Ukraine, are now healthier than they were before the nuclear disaster, though radiation levels are still too high for human habitation.

The Islamic State opened two new theme parks featuring a Ferris wheel, teacup rides, and bumper cars.

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


Subways Are for Sleeping


“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today