From the article:
Fitton, in an interview with WND, argued executive orders are limited to facilitating the execution of laws, not altering or establishing law.
Barack Obama did not issue an executive order because he does not have the authority to issue an executive order in this instance, Fitton said.
He believes White House counsel concluded Obama lacked the authority to defer prosecutions under the Deferred Action for Childhood Arrivals, DACA, program and decided to implement the policy through a memorandum issued by Department of Homeland Security Secretary Jeh Johnson. The memo was never filed with the Federal Register for a period of public comment, as federal law requires agencies to do when making rules.
Read more at http://www.wnd.com/2014/12/watchdog-executive-order-ploy-criminal-conspiracy/#hWuA7FG5MpxhzPjc.99
This is the same scam he employed, with the IRS, against the conservative groups. Just pass the word down. Folks like Louis Lerner and Jeh Johnson will make it happen.