Posted on 03/20/2017 7:54:01 AM PDT by TruthTruck
"The Government's reply brief in John Doe v. Trump - before Judge William Conley in the Western District of Wisconsin - was filed late last night just minutes before the deadline. Incredibly, in an act of sheer deep state sabotage, it does not cite to, rely upon, or draw the attention of the Court to, the very statute that specifically bars asylum seekers and asylees from suing the US Government or its officers.
That statute is 8 U.S.C. 1158(d)7. This section of US Code has been cited in multiple federal cases regarding asylum issues. It is beyond question the most on point controlling statute concerning the case brought by a Syrian alien who was granted the gift of asylum, is residing here, and who sued the US Government to stay President Trump's travel ban Executive Orders so that his wife and child could avoid the 120 day delay involved therewith.
That the Government's brief defending the Executive fails to cite this controlling law is malpractice against the USA.
That legal sin is amplified as well by the fact that multiple federal cases have interpreted the broad prohibition of 1158(d)(7) to not just bar suits based upon the Immigration and Naturalization Act (INA), prior precedent also states that the statute bars Constitutional claims as well.
1158(d)(7) states:
'(7)No private right of action
Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.' "
(Excerpt) Read more at truthtruck.blogspot.co.uk ...
This linked article concerns only the Wisconsin District Court case, "John Doe v. Trump", involving a Syrian asylee. It is a slam dunk dismissal under 8 USC 1158(d)(7), which bars private law suits under the INA against the USA or its officers.
Section 1158, the general asylum subsection, is considered a gift oF our national sovereignty, and therefore Congress has determined that this discretionary gift does not give anyone a private right of action, nor does it grant any "substantive or procedural rights".
It is intentional malpractice for the US Government attorneys to have not raised this strict prohibition defense in their reply brief. And the plaintiff's counsel also has an ethical duty to raise it. This case has been pending since February and neither counsels, nor the court has raised the issue.
But this sabotage/malpractice is not just limited to the Wisconsin case, it is happening in ALL of the EO defense cases, both in briefs and oral arguments. President Trump and the USA generally are being subjected to sabotage by the very attorneys charged with defending these Executive Orders. They must be disciplined and removed from these cases.
More similar analysis on the other EO cases coming soon at my blog TRUTRH TRUCK http://truthtruck.blogspot.com
(Please note that - upon new information - I am also revising a previous article on the Sessions/Franken/Russia issue that I had previously published upon new information.)
Bump bump bump
For all who wish to see how politicians in DC operate look up Sandy Berger and see how the Democrats operate.
For all who wish to see how politicians in DC operate look up Sandy Berger and see how the Democrats operate.
Fortunately a motion challenging the jurisdiction of the court can be filed at any time.
Democrats are more dangerous to our National Security than Russia,China or North Korea. They wish to turn us into one of the afore mentioned countries Communist allies!
They should be fired.
More importantly, they should be disbarred as well.
They are still coming in to this country, Trump we are NOT ‘tired of winning’ yet. Stop this like you promised you would.
The lawyers who have to be fired will expose themselves by the briefs they file, and if we don’t have time to supervise all their briefs with reliable conservatives, then when they lose cases we will discover them. Then they will be reassigned to Alaska while we win the case on appeal.
Absolutely sabotage, last possible moment, statute omitted too late too catch it and fix it. WTF Sessions? Same BS Justice pulled with the 3 stooges from the 9th and the first EO. How could Trumps team let this happen again? 3 level chess, right.
Never heard of this site—Could be Fake News.
If true, then is the expectation that AG Sessions is just going to sit by idly and not take steps to correct the filing and/or punish the involved “attorneys?”
What caused you to excerpt your own blog?
Why not post the whole thing? Is there something wrong with it?
Porn maybe.. or midget fantasies?
What happens to this precedent in the decision of the Supreme Court in Mississippi v. Johnson,724 in 1867, where the President was placed beyond the reach of judicial direction, either affirmative or restraining, in the exercise of his powers, whether constitutional or statutory, political or otherwise except for what must be a small class of powers that are purely ministerial.
The Attorney General in that case argued that the President is immune from this kind of lawsuit.
Time to go after their BAR licenses to practice. It is a felony for an attorney to lie or mislead the Court about existing laws that apply to the issue at hand. Given that this was an often-cited statute, it’s absence should be cause for sanctions against the proffering movant, including dismissal for non-conforming pleadings, and the author and / or firm reported to the appropriate BAR associations for ethics violations subjecting perpetrator to dis-BARment.
Rollin, rollin, rollin,
Though the Swamp is swolen,
Keep them heads a rollin, rawhide...
If something serious isn’t done about DOJ stupidity and judges disregard of the law of the land, then USA is dead.
Trump or no trump. If DC and its minions about the country can trample on everything that is actual law, Trump, the presidency make no difference. The beast is too big.
You have missed at least 19 posts.
http://www.freerepublic.com/focus/news/3532447/posts?page=55#55
“whenever your whining snarks about a blog pimp or grammatical error appears, I will post the following to you”
Whatever you think you’re trying to do, I respectfully
submit that you suck at it. Try harder. Maybe get some training.
Also, I’ll point out that you are supporting
a brand new user who is here only to promote
his blog at the expense of FR’s users.
http://www.freerepublic.com/focus/f-bloggers/3536367/posts
That kind of makes you a scumbucket P-O-S.
Yep.
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