Posted on 07/08/2015 9:46:28 AM PDT by Elderberry
A federal judge up in arms about non-compliance with a court order blocking President Barack Obama's recent executive actions on immigration is demanding that Homeland Security Secretary Jeh Johnson and four other top immigration enforcement officials appear in a Brownsville, Texas, courtroom next month to explain why they should not be held in contempt of court. U.S. District Court Judge Andrew Hanen issued an order Tuesday afternoon requring the five officials to show up for a hearing Aug. 19. However, the judge also said he would cancel the session if he's "satisifed" with the government's actions to limit or revoke 2,000 three-year work permits it issued to illegal immigrants after Hanen issued an injunction that limited new permits to a two-year duration.
(Excerpt) Read more at politico.com ...
God Bless and Protect Judge Andrew Hanen
Judge Hanen to the Criminal Class in the District of Criminals: See you one and raise you Three.
Your move, thugs.
Gee something makes me think two things will occur.. One, the illegal actions won’t be reversed and two, nothing will happen to anyone.
I hope I’m wrong and jail time happens, loss of pensions happen, and we start being a nation of laws again.
They will hand him false documentation ‘proving’ compliance and he has no legal way to verify it that the GOP will back him on.
form = from
he is aq Federal Judge....... he’ll need to sent U S Marshals
Givens..... Raylen Givens, report to Brownsville Texas
What are the odds of Jeh Johnson even bothering to show up. Hell, I doubt he even bothers to send a lawyer.
Judge ain’t got no army. Judge ain’t got no POlice. Judge ain’t got no power beyond his law books. (”Bukz” in Ebonics)
Judge has to rely on the Obama’s Just-us Dept. to get any order enforced.
Jeh Johnson skates. Same old. same old.
3 2 1 Executive Privilege
Yup— more or less what I expect. Some excuse will be given, but none of those ordered to appear will appear. As you said, the judge can order whatever sanctions he wants, but he has no one to enforce them.
He has a bailiff who can execute the orders of the court if they’d use it. Just like congress has a Sargent at arms
Nothing will happen. Maybe the 2,000 three year permits will be changed to two, which is all the judge wants. Big whoop. The government is ruling by decree and force. Only decree and force can stop them.
Yeah - needed is somebody willing to be like them and not just stand up to them but to fight and hit back. Anyone come to mind that is for some reason doing so well?
I don't know how it turns out but right now I like it that the conversation is on the right topic.
“…appear in a Brownsville, Texas, courtroom NEXT MONTH” — that means AUGUST.
Earlier(6-23):
Judge Andrew Hanen told Justice Department lawyers at a hearing in Brownsville. “If they’re not resolved by JULY 31, I’m going to have to figure out what action to take.” http://www.freerepublic.com/focus/f-news/3303454/posts
In that same article:
Jennifer Ricketts, a Justice Department attorney, said the error occurred as the government was preparing its appeal on the temporary injunction to Fifth Circuit Court of Appeals in New Orleans.
The earlier date for the hearing in New Orleans was July 10 : http://www.freerepublic.com/focus/f-bloggers/3299108/posts
Although I don’t have a link another article said the New Orleans hearing is pushed to the END of July.
Sorry, but the bottom line is that Hanen has folded. He is ‘threatening’ for the umpteenth time he is going to do something while trying to again delay action until New Orleans can make a decision. New Orleans will take charge of this at the end of July, Hanen washes his hands of it with the empty threat of doing something in AUGUST.
I will grant he started out serious about this but he quit at some point. I understand he is only one person against this evil tyrannical onslaught, but he is now being dishonest about taking action – I don’t know what one is to do but he should stay honest and say he is powerless instead of joining them in this fake show.
They have no intention of following the courts decisions
Only the dumb Republicans think court decisions are the law of the land....
Nothing bad ever happens to those in Power.
Nothing will happen here.
Case 1:14-cv-00254 Document 281 Filed in TXSD on 07/07/15
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
STATE OF TEXAS, ET AL.,
Plaintiffs,
V
UNITED STATES OF AMERICA,
ORDER
This Court held a hearing on June 23, 2015, at which time both parties indicated that they are making progress toward a resolution of discovery requests made by the Plaintiffs with regard to the Government’s belated revelation that it had implemented portions of the November 20, 2014DHS Memorandum prior to the February 18, 2015 start date provided to Plaintiffs and the Court by defense counsel.
Given the fact that counsel for both sides indicated that progress has been made and have requested more time to reach an agreement, this Court granted the parties additional time to seek a resolution of these pending issues. The parties are to file a status report with the Court describing any agreement reached on Plaintiffs’ discovery requests and any resolution with regard to the approximately 108,800 individuals who were granted benefits pursuant to the 2014 DHS Memorandum between the date of that Memorandum and this Court’s injunction.
The parties have until July 31, 2015, to file that status report. The Court will resolve any and all questions regarding future discovery and/or sanctions once it reviews the parties’ report. This, however, does not resolve the issue as to the approximately 2,000 individuals that were given various benefits in violation of this Court’s order after the injunction was issued.
The Court was first apprised by the Government of the violations of its injunction on May 7, 2015. It admitted that it violated this Court’s injunction on at least 2,000 occasions—violations which have not yet been fixed. This Court has expressed its willingness to believe that these actions were accidental and not done purposefully to violate this Court’s order.
Nevertheless, it is shocked and surprised at the cavalier attitude the Government has taken with regard to its “efforts” to rectify this situation. The Government promised this Court on May 7, 2015, that “immediate steps” were being taken to remedy the violations of the injunction. [See Doc. No. 247]. Yet, as of June 23, 2015—some six weeks after making that representation—the situation had not been rectified.
With that in mind, the Court hereby sets a hearing for August 19, 2015, at 10:00 a.m. Each individual Defendant must attend and be prepared to show why he or she should not be held in contempt of Court. In addition to the individual Defendants, the Government shall bring all relevant witnesses on this topic as the Court will not continue this matter to a later date.
The Government has conceded that it has directly violated this Court’s Order in its May 7, 2015 Advisory, yet, as of today, two months have passed since the Advisory and it has not remediated its own violative behavior. That is unacceptable and, as far as the Government’s attorneys are concerned, completely unprofessional. To be clear, this Court expects the Government to be in full compliance with this Court’s injunction.
Compliance as to just those aliens living in the Plaintiff States is not full compliance. If the Government remedies this situation and comes into compliance with this Court’s injunction by July 31, 2015, it shall include a summary of that situation in the July 31, 2015 report to the Court. If the Court is satisfied with the Government’s representations, it will cancel the August 19, 2015 hearing. Otherwise, the Court intends to utilize all available powers to compel compliance.
This Court began its last hearing by explaining its reluctance to sanction any party or attorney. If nothing else, sanctions bog both the parties and the Court down on side issues that detract their attention from the real focus: the merits and resolution of the case. Nevertheless, no reasonable person could possibly consider a direct violation of an injunction a side issue. Furthermore, at some point, when a non-compliant party refuses to bring its conduct into compliance, one must conclude that the conduct is not accidental, but deliberate.
If these violations have not been corrected by the end of this month, absent very compelling evidence, which this Court will be glad to consider, the only logical conclusion is that the Government needs a stronger motivation to comply with lawful court orders. Neither side should interpret this Court’s personal preference to not sanction lawyers or parties as an indication that it will merely acquiesce to a party’s unlawful conduct.
Andrew S. Hanen
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