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DOJ Lawyers Draft Challenge to AZ Law
Foxnews ^ | 5/25/2010 | Mike Levine

Posted on 05/25/2010 6:35:33 PM PDT by Blood of Tyrants

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court, but the recommendation faces an uncertain future and tough scrutiny from others in the Justice Department, sources with knowledge of the process tell Fox News.

Staff attorneys within the Justice Department recently sent higher-ups the recommendation. At the same time, the Justice Department's Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a "civil complaint" that would be filed in federal court in Arizona, sources said.

The draft complaint challenges the Arizona law as unconstitutional, saying it is illegal because it impedes federal law, according to the sources, who would not offer any more details about the draft complaint or the arguments made in it.

Two weeks ago, Attorney General Eric Holder told lawmakers such an issue was being considered by Justice Department lawyers reviewing the new law, which outlines and possibly broadens the authority of police to detain those suspected of being in the country illegally.

(Excerpt) Read more at liveshots.blogs.foxnews.com ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Arizona
KEYWORDS: aliens; arizona; arrogance; bhodoj; bhofascism; bulgersdoj; democrats; dnc4bombers; dnc4criminals; dnc4illegals; doj4alqaeda; doj4criminals; doj4illegals; doj4invaders; doj4islam; doj4terrorists; doj4treason; dojservestheenemy; dojundertreason; dojvsallamericans; dojvsamerica; donttreadonme; holder; holder4alqaeda; holder4criminals; holder4illegals; holder4invaders; holder4islam; holder4terrorists; holdervsallamericans; holdervsamerica; illegalimmigration; immigrantlist; liberalfascism; obama; obama4alqaeda; obama4criminals; obama4illegals; obama4invaders; obama4islam; obama4terrorists; obamavsallamericans; obamavsamerica; standwitharizona; treason; tyranny
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To: whence911

LOL he’s running for Gov. He’s a Dem.


81 posted on 05/25/2010 8:02:36 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Blood of Tyrants

They want a war? We Arizonans will give them a war.


82 posted on 05/25/2010 8:03:51 PM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: Blood of Tyrants

Has to go beyond the 9th Circus to the Supremes.


83 posted on 05/25/2010 8:05:58 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: sabe@q.com

What’s he getting in the polls?


84 posted on 05/25/2010 8:06:39 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: whence911

He’s losing to gov. Brewer


85 posted on 05/25/2010 8:07:14 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Blood of Tyrants
F U B O !

86 posted on 05/25/2010 8:09:23 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: sabe@q.com

10-4 that’s a big duh


87 posted on 05/25/2010 8:11:51 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: whence911

She still has to win her primary challenge in Aug. There are five Republicans running for Gov including her.


88 posted on 05/25/2010 8:13:14 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Blood of Tyrants
Arrogant bastards is exactly right. You took the words right out of my mouth.

Actually, I can't even use words I'm REALLY thinking...but rest assured they are full of consonants.

89 posted on 05/25/2010 8:15:39 PM PDT by truthkeeper ( Remember in November: VOTE THE BUMS OUT!)
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To: Blood of Tyrants

For certain it is clearer, and will become even more clear that the Leftists goal is, and to their perspective WILL BE amnesty for the illegals. The illegals once legal WILL vote Democrat, and the Left that is now a minority WILL become the majority sooner than later.

This November is critical. Don’t let anybody you know think otherwise.


90 posted on 05/25/2010 8:21:11 PM PDT by rockinqsranch (The Left draws criminals as excrement draws flies. The Left IS a criminal organization.)
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To: Blood of Tyrants

God forbid they work on prosecuting criminals, fighting Islamic jihad terrorism or something else that might benefit the United States!! When does the Civil War start?


91 posted on 05/25/2010 8:23:01 PM PDT by 2ndDivisionVet (Don't care if he was born in a manger on July 4th! A "Natural Born" citizen requires two US parents!)
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To: sabe@q.com

Thanx


92 posted on 05/25/2010 8:23:04 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: sabe@q.com

Wow, that’s alot of competition in a primary. What’s the deal? Seems like she’d be able to leave ‘em all in the dust after her enforcing the law “cajones”.


93 posted on 05/25/2010 8:26:10 PM PDT by Jane Long (America, while you were sleeping the Socialists took over.)
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To: Travis McGee
"How do the attack the state law based on the federal law, without attacking the federal law?"

If they go forward with this after ignoring Sanctuary City policies, which truly DOES usurp/impede federal law, they'll be stepping into very dangerous ground.

94 posted on 05/25/2010 8:27:05 PM PDT by moehoward
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To: Jane Long

Let’s hope so.


95 posted on 05/25/2010 8:27:45 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Blood of Tyrants

How does anyone attend law school and not learn anything about the US Constitution?

Either these people are totally and completely uneducated, or they’re just plain mean-spirited pond scum liberals.

Take your pick.

I don’t have a law degree and I know more than they do.


96 posted on 05/25/2010 8:29:18 PM PDT by HighlyOpinionated (SPEAK UP REPUBLICANS, WE CAN'T HEAR YOU YET! IMPEACH OBAMA!)
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To: Blood of Tyrants

http://www.youtube.com/watch?v=O6qEQ-KnitQ


97 posted on 05/25/2010 8:30:14 PM PDT by BOBWADE
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To: Blood of Tyrants
Do they, and by they I mean obama and his DOJ, have any idea how utterly idiotic they look? Seriously, AZ codifies that they will follow Federal law and the Feds want to take legal action to stop them?

That makes about as much sense and the fire department trying to pull a building permit and stop construction 'cause someone is installing sprinklers. That's like the local police filing an injunction against you taking a drivers ed class.

Why are obama and his cohorts in crime so outraged? I think it is because the illegal aliens in the US were their ace in the hole. They were hoping to grant them amnesty, buy their vote with our $$$, and secure their socialist agenda for decades. Instead, AZ has brought the issue to a head before they were ready (when obama and crew were already down due to economic, credibility, and a host of other issues), forcing the debate, and framing it in a way the 'rats can't get under control (yet, but they are trying). That's the only reason I can see for obama and Holder taking action that is just completely indefensible by any reasonable measure. They look like idiots with room temperature IQs (which may actually be kind). They are in full-tilt panic mode to salvage their plan.

98 posted on 05/25/2010 8:33:10 PM PDT by ThunderSleeps (obama out now! I'll keep my money, my guns, and my freedom - you can keep the change.)
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To: 1010RD; Travis McGee; All
On BOR's show last week ( Fox ), Megyn Kelly brought up a Supreme Court decision from 2005: Muehler v. Meña.

There, the Supremes ruled that a cop, or Sheriff's deputy, does have the right to ask anyone they pull over for "papers", - and/or ask them how they entered the country.

And this was a unanimous decision.

99 posted on 05/25/2010 8:37:49 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: whence911
The ACLU IS the DOJ.
100 posted on 05/25/2010 8:44:57 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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