The “Tequila Party,” a Latino group formed in opposition to the Tea Party, wrote to U.S. Attorney General Eric Holder and FBI Director James Comey on Monday to request that the Tea Party and several officials be investigated for their role in protesting and blocking the transfer of illegal aliens captured in Texas to Murrieta, California. The protests on July 1 turned back three busloads of aliens, though more are scheduled to arrive.
In their letter–signed by California attorney Ruben Salazar, pro-amnesty activist Dee Dee Garcia Blase, and Nebraska attorney Shirl Mora James–the group, writing on the letterhead of a new organization called “Somos Independents,” called on Holder and Comey to launch an “outside investigation” of Murrieta city councilwoman Diana Serafin; U.S. Customs and Border Patrol agents Steven Golda and Gabe Pacheo; Murrieta mayor Alan Long, protest leader Patrice Lynes; the Murrieta Police Department, and local resident Joseph Culberson.
In addition, the signatories accuse Tea Party activists in Murrieta of being “homeland domestic terrorists (masquerading as patriots),” and allege that they were “were obstructing federal law enforcement from performing their jobs and terrorizing small refugee immigrant children from Central America with racial slurs.”
Update: Blase responded to a request by Breitbart News for further comment. In response to a question about whether the activists expected the Department of Justice to respond to the request, Blase said:
I believe the DOJ will respond to all written formal requests of concern regarding Civil Rights issues. Please recall when Sheriff Joe Arpaio was investigated due to public outcry, and when Thomas E. Perez, assistant attorney general at the Department’s Civil Rights Division said at a news conference: “At its core, this is an abuse-of-power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, compromised public safety and did not hesitate to retaliate against his perceived critics.”
Asked about the First Amendment rights of Tea Party protestors and other demonstrators, Blase said:
Per California Lawyer via Ruben Salazar, here are some Constitutional principles to consider from the Supreme Court which limit our 1st Amendment rights:
1) Supreme Court in Brandenburg v. Ohio enunciated the “imminent lawless action doctrine,” and held that speech is not protected by the 1st Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. And, under California Penal Code Section 404.6, it is a state crime to engage in the mere urging of others to engage in acts of force or violence. And under Federal law, Title 18 USC Sec 249 prohibits hate crimes. Title 18 USC Sec 241 prohibits conspiracy against Civil Rights. Title 18 USC Sec 242 prohibits deprivation of rights under color of law.
2) Under Dennis v. US held that a State may forbid or proscribe advocacy of the use of force or violence where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
The “Masterminds of Murrieta” appears to have engaged in advocacy to use force or of law violation in order to incite or produce a riot.
In addition to these principles, the 1st amendment does not protect conduct, it protects speech only and it appears there were some individuals who were engaged in potential criminal conspiracy to violate federal and state laws.
Furthermore, we would like for DOJ and the FBI to determine who made the decision to block the bus since Mayor Alan Long admitted several protesters were from out of town–allegedly from FAIR or Numbers USA. This protest was highly organized. Did these out of town Tea Party protesters potentially violate Title 18 USC section 241, conspiracy against Civil Rights?
The goal in our letter is to facilitate an investigation.