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DOJ Admits It Really Messed Up Landmark Immigration Case
The Daily Caller ^ | 8/9/2016 | Kevin Daley

Posted on 08/09/2016 4:53:12 PM PDT by Elderberry

Lawyers at the U.S. Department of Justice (DOJ) concede that substantive errors were made in the legal challenge to President Obama’s executive immigration action.

The errors include inaccurate information disclosed by DOJ lawyers in the early stages of the challenge brought by 26 states to a U.S. Department of Homeland Security (DHS) order extending work permits and renewable legal status to four million undocumented immigrants. Government lawyers told U.S. District Court Judge Andrew Hanen late in 2014 that they would not begin granting deportation deferrals under the program until February 2015 — in fact, the Department issued 100,000 deferrals beginning in November 2014.

Hanen was apoplectic when the deferrals were disclosed, accusing DHS of brazen obstruction and ordering thousands of government lawyers to undergo ethics training. (RELATED: DOJ Defies Federal Judge To Protect White House’s Amnesty)

In court filings released Monday, the DOJ denied intentionally misleading the court, but concede it made a serious mistake.

“We do not dispute that we made mistakes that led to unfortunate circumstances here: at critical times we provided incomplete information to the Court because of our failure to appreciate the scope of the questions asked of us; and we used imprecise terminology in our oral and written submissions to the Court,” the brief reads.

“As a result, our submissions left the Court with an incorrect understanding of the facts regarding grants by the Department of Homeland Security (‘DHS’) of three-year terms of deferred action to individuals qualifying under the 2012 Deferred Action for Childhood Arrival (‘DACA’) eligibility criteria,” it continues. “We acknowledge and apologize for these mistakes, and for the valuable time the Court has expended on this matter as a result.”

In an attempt to appease Hanen, all attorneys in the DOJ’s Civil Division will sit for a one hour training course in ethics and professional responsibility, announced Principal Deputy Assistant Attorney General Benjamin Mizer.


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: bhodoj; hanen; immigration; lawsuit
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To: hal ogen

Incontinent or incompetent, at this point whar fifference does it make.


21 posted on 08/09/2016 5:23:09 PM PDT by seawolf101
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To: hal ogen

Intentional. Just didn’t work so they are trying to cover their tracks.

Kind of confused why they are bothering to try though. The LSM won’t cover this.


22 posted on 08/09/2016 5:26:43 PM PDT by piytar (http://www.truthrevolt.org/videos/bill-whittle-number-one-bullet)
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To: Elderberry; Fred Nerks

Lawyers at the U.S. Department of Justice (DOJ) lied. Its the signature manifestation of the entire Obama regime and its cabinet officers. THEY LIE.Then everyone lies from the Cabinet Secretaries right on down to the lowliest civil servant

The whole mess of them would sooner lie than tell the truth. After all, that’s how they get the big bucks?

I think certain DOJ lawyers should be disbarred for it.

Meanwhile if you want to keep your doctor, you can keep your doctor. And That young black man shot in righteous self defence? He could have been me, could have been my son.

To tell the honest truth, i wish it had been him, then the dirty bastid would not have been unleashed upon an unsuspecting nation voting enthusiastically for our “first black president.” He may have been first, and he may have been black (but I doubt even that), but he sure as hell was no president.


23 posted on 08/09/2016 5:26:50 PM PDT by Candor7 ( Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Elderberry

Meanwhile Obama is doing whatever the hell he feels like all along.


24 posted on 08/09/2016 5:27:48 PM PDT by headstamp 2 (Fear is the mind killer.)
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To: headstamp 2

Fortunately for us, he’s mostly playing golf. Got his 300th round in this week IIRC.


25 posted on 08/09/2016 5:30:39 PM PDT by piytar (http://www.truthrevolt.org/videos/bill-whittle-number-one-bullet)
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To: Liz

+infinity


26 posted on 08/09/2016 5:31:13 PM PDT by piytar (http://www.truthrevolt.org/videos/bill-whittle-number-one-bullet)
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To: headstamp 2

What? That’s it. What about all the illegals they let in? It’s ok now? Just sit in corner for an hour? Although the judge at first appeared to be fair, it is now apparent he has been compromised.


27 posted on 08/09/2016 5:40:57 PM PDT by robert14
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To: Elderberry

The DOJ flunkies obviously short circuited.


28 posted on 08/09/2016 5:42:52 PM PDT by JPG (Go Trump!)
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To: Elderberry

Don’t miss the real backstory on this issue. Judge Hansen granted Texas a preliminary injunction against the DAPA policy, and that is the decision that was affirmed by the 5th Circuit Court of Appeals, and “affirmed” in the SCOTUS in a tied 4-4 Per Curiam opinion. That sent the case back to Judge Hanen to try the case on the merits under the guidance of the 5th Circuit opinion.

In order to grant the preliminary injunction, Judge Hanen had to find it was likely for Texas to prevail upon the merits of the case. In so doing, he looked at the companion DACA program, which was implemented prior to DAPA. (DACA has not been successfully Constitutionally challenged. Mississippi and the Border Patrol union tried but found to have no standing to sue in Crane v. Johnson). In reviewing the DACA program, Judge Hanen found that there were no examples of a DACA applicant being turned down where they met minimal application requirements. Because of that, he found that the DACA program was not an exercise of discretion but instead the de facto creation of a new class of alien, which DHS was not authorized to do without Congressional action.

Since DAPA is the same program targeted to a different type of alien, Judge Hanen found it was the same unconstitutional creation of a new class of alien, and ordered the program halted.

But what the government did was go ahead and process DAPA applications, and lied to the Judge about it. Clearly unethical behavior, but done with a legal purpose. The purpose was to randomly draw some names out of the stack of applications and deny them. “See Judge, we ARE exercising discretion.” So when the case gets set for trial on the merits, the government can be expected to offer proof of their “discretion” and save the program.

The question is whether Judge Hanen will allow such evidence when it was obtained in under false pretenses of telling the Judge they were NOT processing DAPA applications.

Of course, this is all moot. Either Hillary Clinton will appoint the deciding 5th Justice for SCOTUS, who will rubber-stamp the approval of the DAPA program, or Donald Trump will rescind the program by executive order, and make further litigation moot.


29 posted on 08/09/2016 6:01:59 PM PDT by henkster
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To: hal ogen

intentionally these are high ranking attorneys with all kinds of support.


30 posted on 08/09/2016 7:12:33 PM PDT by rolling_stone (our founders are rolling over in their graves, and yelling 2nd amendment when all else fails)
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To: Elderberry

Just like Hillary....yes we lied and obfuscated but we didn’t really mean to


31 posted on 08/09/2016 7:35:00 PM PDT by Nifster (Ignore all polls. Get Out The Vote)
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To: Yo-Yo

He should put them in contempt of court right now lock them up


32 posted on 08/09/2016 8:17:36 PM PDT by dila813 (Voting for Trump to Punish Trumpets!)
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To: Elderberry

No judge. THEY LIED!!! Start throwing Obamatons in jail. There is no other way.


33 posted on 08/09/2016 9:17:18 PM PDT by Organic Panic
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To: Elderberry

“See, we are not corrupt. Just incompetent.”

Yeah. Right. Suuuure.


34 posted on 08/09/2016 10:10:41 PM PDT by Freedom_Is_Not_Free (The Confederate Flag is the new "N" word.)
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To: hal ogen
What say you?

An hour of ethics training will have nor more effect on these lawyers the the 80 hours of EEO training I had to site through.

Water board them.

35 posted on 08/09/2016 11:06:30 PM PDT by usurper (Liberals GET OFF MY LAWN)
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