Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Johnson, immigration brass ordered to Texas court
Politico ^ | 7/7/15 | JOSH GERSTEIN

Posted on 07/08/2015 9:46:28 AM PDT by Elderberry

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-30 last
To: Elderberry; Brad from Tennessee; Hostage; conservativejoy; LucyT

link for post #20

http://www.scribd.com/doc/270843796/Hanen-Order-July-7

From the article below - Hyperlink -”rare order” - paragraph 2

Judge Says Federal Officials Must Appear In Court for Violating Amnesty Injunction
http://www.freerepublic.com/focus/f-chat/3309264/posts
http://dailycaller.com/2015/07/08/judge-says-federal-officials-must-personally-appear-in-court-for-violating-amnesty-injunction/

Similar article:
Judge orders Homeland Security chief, others to court
http://www.freerepublic.com/focus/f-news/3309242/posts


21 posted on 07/08/2015 1:55:21 PM PDT by Whenifhow
[ Post Reply | Private Reply | To 20 | View Replies]

To: Whenifhow

THIS IS GOING TO BE HUGE.

I’ve followed this case since late last year.

There is a lot that a federal judge can do that would astonish most people.

Judge Hanen already expressed hesitancy to impose monetary sanctions against DOJ Attorneys who lied to him because in effect the penalties would be borne by the taxpayers and there’s no justice in that.

I will get to a very astonishing option of receivership but first want to write about timing and also the DOJ Attorneys who lied to the Judge.

I imagine the DOJ Attorneys are trembling over their careers. A disbarment order by Judge Hanen means their careers are over (their career trajectory is already on a downward arc) and there is nothing that Obama or anyone can do about it in terms of preserving their law degrees and careers. So disbarment is a big deal but not near as big a deal as receivership which I’ll get to in a moment.

The thing to keep in mind is the clock and the calendar which I will also write about in a moment. This case is about Obama’s lawlessness and his goal of getting millions and millions of illegals registered to vote and to vote democrat in the 2016 elections Thus, clock, calendar, timing of this court case is a strategic matter in tandem with the 2016 elections.

Consider a couple of things:
1) Obama’s voter registration form leaves off a checkbox for declaring citizenship status. We all know that only citizens are legally allowed to vote, right?
2) It was reported by a member of Congress (in March I think it was) that there is a loophole in Obama’s executive amnesty forms in that an illegal may be coached to say that he or she has been in the USA for longer than 5 years so that they can claim immediate citizenship eligibility thereby appearing legal for registering to vote.

Between loopholes and deficient federal voter forms, Obama intends to sign up as many illegals as possible to vote democrat. We want therefore that the federal courts take their time to drag this case out until after the November 2016 elections so that massive voter fraud is restrained on this particular front.

As to the concept of receivership, I saw a press report (I am not able to find the link) where DHS Director Jeh Johnson remarked after it was discovered that more than 2000 (and possibly much more than that) DACA/DAPA applications were processed and approved after the court’s order was in effect (a clear violation of the order) words to the effect “it is not necessary that the Department be put under compliance by the court” because he claimed that that his Department was investigating and would get to the bottom of how the violation of the court order occurred. His remark left me thinking that in his communications with Judge Hanen’s Federal Court that he was told that ‘receivership’ was a possible part of sanctions.

What is ‘receivership’ and can a court takeover a government agency or department? Yes. Here is a recent example:

http://www.truth-out.org/buzzflash/commentary/federal-judge-threatens-oakland-police-department-with-court-takeover-over-ongoing-abuses/11148-federal-judge-threatens-oakland-police-department-with-court-takeover-over-ongoing-abuses

Basically a receivership is a temporary arrangement whereby a Judge’s investigators or in this case US Marshals take over command of a department to run an investigation and monitor its performance. The department personnel all report to the ‘Court’s Master’. It’s a big deal.

Judge Hanen, as a federal judge can rain hell down upon anyone or any organization that crosses him. The takeaway is you do not want to mess with a federal judge ever. He has all tools at his disposal for upholding the law. This is why the DOJ attorneys who lied to him appear to be trembling.

What possibly restrains Judge Hanen now is polity towards the federal appeals court where they are getting ready to start hearings in about a week on the merits of the preliminary injunction. He’s giving a chance for that proceeding to open in orderly fashion without rocking the boat with possible receivership sanctions. And we want both he and the appellate justices to run out the clock as long as possible.


22 posted on 07/08/2015 3:01:30 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Hostage; Duke of Milan

http://www.freerepublic.com/focus/f-news/3309203/posts?page=16#16

What are your thoughts on this post by duke of Milan?


23 posted on 07/08/2015 3:51:48 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
[ Post Reply | Private Reply | To 22 | View Replies]

To: WildHighlander57; Duke of Milan

The 5th Circuit of Appeals moved the start of hearings from July 10 to the end of July. That is a good thing. Anything that can drag this out longer is good because one of the goals is to run the clock out on Obama.

Judge Hanen has not folded. He is respectful of court schedules and events marked on calendars with respect to his own court and the Appeals Court. His order for DHS and DOJ for the report to be filed in his court by July 31 has not changed. Once a required report is filed, the court will give itself about 2 weeks to review because there are many other items on the court’s calendar. From July 31 which is Friday, the court has scheduled a contempt hearing for Wednesday August 19 which is 2.5 weeks later. That’s typical.

Judges must observe decorum with higher courts. He may want to rain hell down now on DOJ and DHS but if he incarcerates people that are arguing against the merits of his injunction order, it puts the higher court in a very awkward position.

Judge Hanen is running this case in an extremely adroit way. He will come down like a ton of bricks on DOJ and DHS after the 5th Circuit has heard oral arguments and made their decision.

The scheduling is in favor of the injunction and in favor of the plaintiffs in the appeals case. Note that Judge Hanen will have the report at the same time the Appeals Court begins hearing the appeal on Judge Hanen’s injunction order. The report ordered by Judge Hanen and due July 31 will be available to clerks of the appeals court and will be available to be used by the plaintiffs in that case as an argument that the federal government does not have clean hands or is evasive.

Now there is a hearing for contempt scheduled. That’s good news. And it puts enormous pressure on DOJ and DHS to not play games on the report because if they do, then Judge Hanen has their game playing in writing and he has a contempt hearing meaning JAIL scheduled soon thereafter.


24 posted on 07/08/2015 4:26:08 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Hostage

Many thanks for the detailed information!

Now to see what happens between now and the deadlines.

Looks like Judge Hanen is getting all his ducks in a row...


25 posted on 07/08/2015 4:56:54 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Hostage; LucyT

Thanks for your posts at #22 and #24

The topic that is most interesting is receivership.
From your analysis:

Judge Hanen’s Federal Court ...that ‘receivership’ was a possible part of sanctions.

Jeh Johnson:
“it is not necessary that the Department be put under compliance by the court” because he claimed that that his Department was investigating...”

Basically a receivership is a temporary arrangement whereby a Judge’s investigators or in this case US Marshals take over command of a department to run an investigation and monitor its performance. The department personnel all report to the ‘Court’s Master’. It’s a big deal.


26 posted on 07/08/2015 7:26:52 PM PDT by Whenifhow
[ Post Reply | Private Reply | To 24 | View Replies]

To: WildHighlander57; Hostage

Texas Gov Abbott on the Kelly File on Judge Hanen

4:37 Minutes
Judge Orders Homeland Security Chief To Court - Obama Admin Above The Law? - The Kelly File

https://www.youtube.com/watch?v=67KIaYcgkiE


27 posted on 07/08/2015 8:02:48 PM PDT by Whenifhow
[ Post Reply | Private Reply | To 25 | View Replies]

To: Whenifhow

Bookmarking this one!

https://www.youtube.com/watch?v=67KIaYcgkiE

Many thanks!


28 posted on 07/08/2015 8:36:04 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Elderberry
Nothing will happen.

I and will still pay taxes under threat of collections and imprisonment.

29 posted on 07/08/2015 8:42:13 PM PDT by central_va (I won't be reconstructed and I do not give a damn.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Whenifhow

Governor Abbott is a former trial court judge and a State Supreme Court Justice. He knows what he’s doing.

Texas is so blessed to have such good people in leadership.


30 posted on 07/08/2015 10:50:29 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 27 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-30 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson