Posted on 11/20/2014 6:03:11 PM PST by Steelfish
NOVEMBER 20, 2014 No, ‘Prosecutorial Discretion’ Does Not Justify Obama’s Lawless Amnesty Obama’s planned action perverts the meaning of the legal doctrine. By Andrew C. McCarthy
Can the president make fraud and theft legal? How about assault? Cocaine use? Perjury?
You’d have to conclude he can — and that we have supplanted the Constitution with a monarchy — if you buy President Obama’s warped notion of prosecutorial discretion.
Tonight, Mr. Obama will unveil his executive order granting amnesty to millions of illegal aliens. According to news accounts, the criminal-law doctrine of prosecutorial discretion is the foundation of the president’s legal theory. It is the source of what he purports to be his authority to decree that these aliens have lawful status, a power our Constitution gives only to Congress.
As I explain in Faithless Execution (and in columns and posts here, here, and here), prosecutorial discretion is a simple and, until recently, an uncontroversial matter of resource allocation. It merely holds that violations of law are abundant but law-enforcement resources are finite; therefore, we must target the resources at the most serious crimes, which of necessity means many infractions will go unaddressed.
I’ve highlighted the last part because it is the key to understanding how Obama’s amnesty perverts the doctrine.
(Excerpt) Read more at nationalreview.com ...
Who`s gonna stop him?
GOP? Bu-wa-ha-haa
Oh they`ll huff and they`ll puff but in the end do nothing.
Obama/soetoro has successfully transformed the USA as promised
MS 13 - MARAS SALVATRUCHAS DEADLY GANGS
Lol, thanks. I spent a lot of time on that so am posting it far and wide!!
A brilliant explanation of “prosecutional discretion” comes from Ban Bongino ... a former Secret service agent. See his words at https://www.facebook.com/dan.bongino/posts/763197613773002
mark for later
Obama has set the stage for a race war and ethnic cleansing.
You ALWAYS do great work!!
[You ALWAYS do great work!!]
Thank you sooo much. Nobody knows the hours I spend making them so a compliment makes me feel good.
refusing to execute the laws on the books is a high crime
Help me out here. I don’t have time to do my homework but need a rebuttal to all who claim GWB did exactly the same.
Seditious conspiracy 18 USC § 2384 Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
And if not that, then there is always these:
Norton v. Shelby County, 118 U.S. 425 (1886)
While acts of a de facto incumbent of an office lawfully created by law and existing are often held to be binding from reasons of public policy, the acts of a person assuming to fill and perform the duties of an office which does not exist de jure can have no validity whatever in law.
An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
And for those law makers who do not act to stop the actions of this administration, there is this:
18 USC § 2382 - Misprision of treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
"Even a cursory review of historical Executive Orders on immigration would clearly demonstrate that tonight's Executive Order is an unprecedented grasp for power."
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