Posted on 07/20/2007 7:07:08 PM PDT by republicpictures
Justice Department lawyers on Friday ridiculed an obscure U.S. border official's argument that he can't be fired by President Bush and is entitled to a job for life.
The White House fired Dennis Schornack, of Williamston, Mich., on July 10 from his position as U.S. representative to the International Boundary Commission.
That small U.S-Canadian agency maintains markers, clears trees and otherwise serves as caretaker for the long, undefended border between the two countries.
Schornack's abrupt dismissal came after he and the Justice Department began arguing about his legal representation in a lawsuit filed by a pair of Washington state property owners.
The plaintiffs are trying to stop the commission from tearing down a concrete wall in their backyard, which abuts the Canadian border.
Schornack has resisted his firing. He claims that treaties establishing the border agency only allow him to leave office by resigning, dying or becoming incapacitated.
But in a court filing Friday, the Justice Department called Schornack's assertion "breathtaking."
"Mr. Schornack's strained interpretation of the treaty would lead to the absurd result that a commissioner ... receives lifetime tenure and cannot be removed even for malfeasance," Assistant U.S. Attorneys Brian Kipnis and Thomas Woods wrote.
Schornack's lawyer, Elliot Feldman of Washington, D.C., said Friday he planned to respond to the filing after reviewing it over the weekend. A hearing was scheduled for Wednesday in U.S. District Court in Seattle.
The underlying lawsuit was brought in April when Herbert and Shirley-Ann Leu of Blaine asked a federal court to stop Schornack and his Canadian counterpart from removing their backyard wall.
The two officials personally ordered the Leus to remove the wall, saying it intruded on a 10-foot border "vista" that must be kept clear of obstructions.
In the Leus' neighborhood, the international boundary is a roadside ditch. They can enter Canada simply by crossing the street.
Conservative property-rights lawyers from the Pacific Legal Foundation have taken up the Leus' case, and Schornack has alleged in court filings that his firing was influenced by politics.
The White House has declined comment on Schornack's case, citing personnel policy.
Schornack, a lifelong Republican and longtime aide to former Michigan Gov. John Engler, was appointed to the office by Bush in 2002.
Schornack said the job pays about $135,000 annually.
I'm not even an illegal alien.... but...... Ill do it for half that!!!
ROFLMBO!!!!!
At $135 M per year, no wonder he's going to have to be carried out kicking and screaming. I think I missed my calling. I should have joined the government and been a rich bureaucrat, instead of being a poor patriot and fighting them. No longer do good guys finish first.
The dark side is verty tempting. They got cookies. All $135 grand.
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