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Posted on 12/10/2014 7:49:39 PM PST by Whenifhow
A judge has sided with Maricopa County Sheriff Joe Arpaio in the first clash in what is expected to be a major court fight over the legality – or not – of Barack Obama’s looming amnesty program, ordering a fast track for case arguments and hearings.
The announcement came on Wednesday from U.S. District Judge Beryl A. Howell ..granted a motion ...
snip
Two Justice Department lawyers representing Obama in the fight had wanted their initial response delayed for weeks – for one thing because of the coming Christmas season.
But Howell ordered Obama to respond to Arpaio’s motion for a preliminary injunction – to protect the U.S. while the merits of the amnesty program are debated in court – by Dec. 15. A full preliminary injunction hearing is set for Dec. 22.
snip
“We are very pleased that Judge Howell has ordered an expedited hearing on our motion for preliminary injunction which asks to preserve the status quo and stop the implementation of President Obama’s executive order,” Klayman said. “The executive order violates the Constitution, as it seeks to circumvent the powers which the Framers delegated to Congress.”
snip
Klayman’s submission to the court noted that even though Obama never signed a formal executive order on his immigration action, the impact is that programs and procedures are being changed already to meet his demands.
The president’s decision, Klayman wrote, “orders direct DHS personnel including the Customs and Border Protection (CBP) and ICE to immediately suspend enforcement of immigration laws with regard to any who appear to be eligible for the new deferred action programs, even though such persons might not yet be able to apply for formal recognition.”
The instructions also tell law enforcement officials to “immediately” begin identifying those who could be given the special benefit.
(Excerpt) Read more at wnd.com ...
Well there is more than one way to do that...there were some Saudi donators to Obama’s education....studying is not the only route to ‘with honors’.
Thank you Jesus.
“It is based clearly and cleanly on the law.”
How’s that? The lawsuit acknowledges the President has prosecutorial discretion, but avirs the President cannot delegate prosecutorial discretion to Members of his Cabinet and their designees.
Klayman and Sheriff Joe believe Obama is ineligible, but fail to object to an Obama appointee hearing their case. Why is that?
I hope something, anything, works to stop the invasion juggernaut.
After the GOP capitulation on the budget, suppose 0b0z0la vetoes the bill because of the temporary funding of DHS till February and that “shuts down” the gubmit. Th critters WILL fund it fully to September and 0kaka wins.
It’s a catch 22. The GOP will be “accused” of defunding the security of the nation, rather than defunding illegal immigration.
What do you mean by “avirs”? You meant ‘avers’ but ‘i’ is nowhere near ‘e’; but to your alleged point here is the Arpaio complaint:
http://aun-tv.com/wp-content/uploads/2014/12/MotionPrelminaryInjunctionFiled.pdf
Arpaio’s belief that Obama is an ineligible fraud is outweighed by the harm of illegal amnesty. His attorney Klayman wisely disregarded issues of Obama’s ineligibility.
As to your assertion that “The lawsuit acknowledges the President has prosecutorial discretion ... “; such assertion is false.
From page 2 of the motion:
“The parties are in agreement – or at least the Plaintiff and the Office of Legal Counsel at the U.S. Department of Justice agree – that Defendants’ Executive Order Amnesty is unlawful and invalid unless it qualifies as valid prosecutorial discretion. Plaintiff argues it does not qualify and therefore it is legislation or regulation affecting broad categories of approximately 6 million illegal aliens.”
Arpaio agrees with certain elements of the Obama administration that the Executive Amnesty is unlawful and also makes a careful reference to ‘Executive Order’ as meaning ‘Executive Action’ and vice versa. In other words, Obama isn’t fooling anyone.
Arpaio argues this matter does not qualify as valid prosecutorial discretion.
From page 17 of the motion:
” e) Plaintiff is entitled to declaratory relief under his Fifth Cause of Action that the Defendants’ programs are not acts of prosecutorial discretion. As a result, Defendants are engaged in legislation and/or regulatory rule-making. This decision leads to the fact that the Defendants’ actions are ultra vires and illegal.”
I was going to mention that.
Sheriff Joe Ping
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BTTT
” Supposedly, Bathhouse graduated “with honors” at Harvard. I’d like to see evidence of that. “
You won’t it didn’t happen. If it were true, the MSM would have been promoting this 24/7 for the past 6 years!
....Department of Justice attorneys Adam Kirschner and Brad Cohen had argued to a federal court in Washington, D.C., that Christmas is coming, and they need a lot more time.
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And I bet they spend the other 364 days of the year attacking Christianity.
it is the Gruber Obamacare Machiavelian concept.
We do not know if this judge has predetermined his decision in order to bash sheriff joe.
It just depends on the nature of the judge, his personal patrons, and threats the administration compiles against the judge.
The judge is an appointee of the Great Pretender but, in my experience, is a very good and thorough judge, not the sort to be easily persuaded not to apply the law.
At least there are a few willing to fight. We should give them the benefit of the doubt and all our support instead of telling us why we are going to lose all the time and telling us it is hopeless. Frankly I am fed up with the 99% on this forum who armchair quarterback and pontificate that all is lost while they do not get off their asses to do anything!!!!!!!
Never,ever give up.
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