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:

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

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

January 2015

Come With Us If You Want to Live

= Subscribers only.
Sign in here.
Subscribe here.

The Body Politic

= Subscribers only.
Sign in here.
Subscribe here.

The Problem of Pain Management

= Subscribers only.
Sign in here.
Subscribe here.

Game On

= Subscribers only.
Sign in here.
Subscribe here.

Love Crimes

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Body Politic·

= Subscribers only.
Sign in here.
Subscribe here.

“‘He wrote all these love poems, but he was a son of a bitch,’ said a reporter from a wire service.”
Illustration by Steven Dana
Article
Love Crimes·

= Subscribers only.
Sign in here.
Subscribe here.

“If a man rapes a woman, she might be forced to marry him, because in Afghanistan sex before marriage is dishonorable.”
Photographs © Andrew Quilty/Oculi/Agence VU
Article
Game On·

= Subscribers only.
Sign in here.
Subscribe here.

“The end of the Cold War and the collapse of the Soviet Union had posed a truly existential threat.”
Illustration by Taylor Callery
Article
Come With Us If You Want to Live·

= Subscribers only.
Sign in here.
Subscribe here.

“I was startled that all these negative ideologies could be condensed so easily into a positive worldview.”
Illustration by Darrel Rees
Article
Christmas in Prison·

= Subscribers only.
Sign in here.
Subscribe here.

“Just so you motherfuckers know, I’ll be spending Christmas with my family, eating a good meal, and you’ll all be here, right where you belong.”
Photographer unknown. Artwork courtesy Alyse Emdur

Acres of hemp grown by “patriotic‚” U.S. farmers in 1942 at the behest of the U.S. government:

36,000

A study suggested that the health effects of exposure to nuclear radiation at Chernobyl were no worse than ill health resulting from smoking and normal urban air pollution.

Greenpeace apologized after activists accidentally defaced the site of Peru’s 2,000-year-old Nazca Lines when they unfurled cloth letters reading “time for change” near the ancient sand drawings. “We fully understand,” the group wrote in a statement, “that this looks bad.”

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

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today