House Republicans never cease to amaze. As the midnight deadline approaches tonight when funding for the Department of Homeland Security expires, they have refused to decouple proposed legislation to roll back President Obama’s unilateral immigration policy from a bill to fund the Department of Homeland Security through the fiscal year that ends on September 30. His policy provides a path to citizenship for illegal immigrants who are parents of American citizens and have no criminal record. They are so blinded by their hatred of the president and illegal immigrants that they are willing to cut their political throats by refusing to fund DHS at a time when it is needed to deal with a threat by al Shabab, which has urged supporters in the United States to attack shopping malls and slaughter shoppers and police.

When I first wrote about this bizarre situation in You Can’t Fix Stupid, I thought Mitch McConnell, the smart and ruthless majority leader of the Senate, would, figuratively speaking, slam Speaker John Boehner up against a wall and slap him silly until he ran out of tears and promised to get control of the 50-60 tea party crazies ruining the brand. Defunding DHS during a time of elevated danger is extremely reckless and contrary to what voters have come to expect from security obsessed Republicans. Attacking the president’s policy is also extremely offensive to Latinos, a large group neither political party can afford to alienate, especially with an election coming up next year. That is why linking these two matters is colosally stupid. McConnell separated the two and the Senate passed a stand-alone or ‘clean’ bill yesterday to fund DHS.

You would think the House would pass this bill to avoid public excoriation and humiliation, but you would be wrong. As I write this, House Republicans are talking about playing a stupid kid’s game called Kick The Can. In this situation, it’s kick the can down the road for 3 weeks, so that the DHS and the nation will be forced to revisit this issue and once again excoriate and humiliate the stupid Republicans.

Guess what? The proposal to play Kick the Can failed and there is no Plan B. Funding runs out out at midnight.

Res ipsa loquitur: The thing speaks for itself.

You can’t fix stupid.

Frederick Leatherman

Frederick Leatherman

I am a former law professor and felony criminal defense lawyer who practiced in state and federal courts for 30 years specializing in death penalty cases, forensics, and drug cases.

I taught criminal law, criminal procedure, law and forensics, and trial advocacy for three years after retiring from my law practice.

I also co-founded Innocence Project Northwest (IPNW) at the University of Washington School of Law in Seattle and recruited 40 lawyers who agreed to work pro bono, assisted by law students, representing 17 innocent men and women wrongfully convicted of sexually abusing their children in the notorious Wenatchee Sex Ring witch-hunt prosecutions during the mid 90s. All 17 were freed from imprisonment.