Bob Unruh: Obama amnesty shot down – again!


Obama amnesty shot down – again!
Posted By Bob Unruh On 10/03/2016 @ 12:37 pm In APP Frontpage,Front
http://www.wnd.com/2016/10/obama-amnesty-shot-down-again/print/

For the second time, and without comment, the U.S. Supreme Court has rejected President Obama’s tactic of granting amnesty to millions of illegal aliens through administrative actions.

The high court on Monday declined to revisit the dispute, as the White House had wanted.

Fox News reported the case might still return to the Supreme Court at a later date but almost certainly not while Obama is president.

The issue has been percolating throughout Obama’s tenure in the White House. He repeatedly stated he alone didn’t have the authority to change America’s immigration laws to allow amnesty for millions of illegals and tried to pressure Congress to take action.

When the lawmakers refused to do what he wanted, he had administration officials re-interpret existing law to allow as many as 5 million illegal aliens to remain in the country.

But his plan was shot down by a federal judge in Texas, whose decision in a case brought by 26 states, led by Texas, was upheld by an appeals court. The Supreme Court earlier this year voted 4-4 on the case, leaving the lower court precedent standing.

Now the court has declined to revisit the fight.

The district judge’s ruling found the Constitution doesn’t give the president that authority.

Ann Coulter’s back, and she’s never been better than in “Adios, America!: The Left’s Plan to Turn our Country into a Third World Hellhole.”

When he was speaker of the House, Rep. John Boehner listed 22 times when Obama made statements that he is not allowed to do what he did.

For example, in October 2010, Obama said: “I am president, I am not king. I can’t do these things just by myself. … I’ve got to have some partners to do it. … If Congress has laws on the books that says that people who are here who are not documented have to be deported, then I can exercise some flexibility in terms of where we deploy our resources, to focus on people who are really causing problems as opposed to families who are just trying to work and support themselves. But there’s a limit to the discretion that I can show because I am obliged to execute the law. … I can’t just make the laws up by myself.”

But in 2014, the administration announced an immigration-law change that would “shield more than four million people from deportation,” NBC News said.

Read WND’s investigative report on Obama’s plan to “institutionalize” his immigration policies throughout 16 federal agencies that will do his bidding long after he’s gone from the White House.

Texas sued and was joined by more than two dozen other states, citing the massive new demands for public services such as school and health care that would be imposed by those who previously had been subject to deportation.

“In seeking rehearing – a [chance] to argue the same case over again – the Justice Department said the move ‘is consistent with historical practice and reflects the need for prompt and definitive resolution of this important case,’” NBC said.

The 4-4 tie was set up by the death earlier this year of Justice Antonin Scalia. A tie at the high court means the lower court ruling is left standing.

It was Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents program that was derailed. It was set up to let certain categories of illegal aliens stay in America.

The Obama administration announced the program as a series of administrative orders in November 2014. It said the actions were necessary because Congress refused to make the changes in law that he wanted.

The lawsuit was filed to halt the plan, and shortly after, a federal district judge in Texas and a panel of the U.S. Court of Appeals for the 5th Circuit ruled in favor of the states.

But the Obama administration fought back, claiming the states don’t have standing to sue the federal government over immigration policy.

The U.S. Court of Appeals for the Fifth Circuit in New Orleans had ruled 2-1 to uphold a lower court’s injunction blocking the White House from going forward with its deferred-action plan and to make the injunction permanent.

“The president must follow the rule of law, just like everybody else,” argued Texas Attorney General Ken Paxton, who was leading up the coalition of 26 states suing the Obama administration.

He went on, the Washington Post reported: “Throughout this process, the Obama administration has aggressively disregarded the constitutional limits on executive power.”

While the case was pending at the lower courts, 113 members of Congress said in a court brief Obama’s amnesty program violates the Constitution.

“Our position is clear – President Obama’s executive action is unconstitutional and impermissibly disrupts the separation of powers,” said Jay Sekulow of the American Center for Law and Justice, which filed on behalf of Congress.

WND broke the story when a federal judge in Texas granted a temporary injunction halting Obama’s executive-order driven amnesty program.

The ruling from U.S. District Judge Andrew Hanen ordered the government not to proceed with any portion of the Deferred Action for Parents of Americans and Lawful Permanent Residents.

“The United States of America, its departments, agencies, officers, agents and employees and Jeh Johnson, secretary of the Department of Homeland Security; R. Gil Kerlikowske, commissioner of United States customs and Border Protection; Ronald D. Vitiello, deputy chief of United States Border Patrol, United States Customs and Border Protection; Thomas S. Winkowski, acting director of United States Immigration and Customs Enforcement; and Leon Rodriguez, director of United States Citizenship and Immigration Services are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents,” the ruling said.

The dispute elevated to the astonishing when, in his Texas courtroom, the judge bluntly asked a Justice Department attorney whether or not President Obama and federal officials can be believed regarding the administration’s executive action on immigration.

“I can trust what Secretary [Jeh] Johnson says … what President Obama says?” Hanen asked, according to the Los Angeles Times.

Fox News reported the judge even went further, instructing Justice Department attorney Kathleen Hartnett, “That’s a yes or no question.”

She responded, “Yes, your honor.”

Hanen called for the hearing because of questions about whether the Justice Department misled the judge by claiming that deportation reprieves would not go forward before he made a ruling. It turned out that federal officials had delayed deportation for 108,000 people for three years and granted them work permits.

The administration had argued the reprieves were granted under a 2012 program that was not impacted by Hanen’s order. But the 2012 program, called Deferred Action for Childhood Arrivals, granted only two-year reprieves, while Obama’s November 2014 order allows three-year deferrals.

Hartnett told the judge “government attorneys hadn’t properly explained this because they had been focused on other parts of the proposed action,” Fox reported.

Hanen remained skeptical, and it was then he asked, “Can I trust what the president says?”

He later told the lawyers representing the government to go to ethics classes.
Copyright 2016 WND

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As a result of Judicial Watch’s October 2, 2014, public records lawsuit, the weapon has been already traced to the Obama Department of Justice (DOJ) Operation Fast and Furious gunrunning program.


Judicial Watch Obtains Fast and Furious Crime Scene Photos from Phoenix 2013 Gang-Style Assault with Rifle Supplied by Obama Justice Department

http://www.judicialwatch.org/press-room/press-releases/judicial-watch-obtains-fast-furious-crime-scene-photos-phoenix-2013-gang-style-assault-rifle-supplied-obama-justice-department/

DECEMBER 18, 2014
Photos include close-up shots of Fast and Furious AK-47 rifle, blood-stained apartment, victim with massive head wound

(Washington, DC) – Judicial Watch announced today that it has obtained graphic crime scene photos taken at the site of a 2013 gang-style assault on a Phoenix, AZ, apartment building, including a close-up photo revealing the serial number of the AK-47 rifle used by the assailants. As a result of Judicial Watch’s October 2, 2014, public records lawsuit, the weapon has been already traced to the Obama Department of Justice (DOJ) Operation Fast and Furious gunrunning program. The photos were also produced by the Phoenix Police Department in response to this lawsuit (Judicial Watch v. City of Phoenix (No. CV2014- 012018)). Full batch of photos can be viewed here:
https://www.dropbox.com/sh/5xf9ksxu0vwwsql/AAAvXWW0MB5b7bzNRkVaz2saa?dl=0

image

According to press reports at the time of the assault, police investigating the shooting that left two wounded found an AK-47 assault rifle in the front passenger area of a vehicle that had crashed into a fence surrounding the apartment complex. Inside sources informed Judicial Watch at the time of the crime scene investigation that the AK-47 used in the assault had been provided to the assailants as part of the Obama-Holder Fast and Furious program. On October 16, 2014, Judicial Watch announced that, based upon information uncovered through its October 2 public records lawsuit, the U.S. Congress had confirmed that the rifle was tied to the Fast and Furious operation. Attorney General Eric Holder has already admitted that guns from the Fast and Furious scandal are expected to be used in criminal activity on both sides of the U.S.-Mexico border for years to come.

In an October 16 letter to Deputy Attorney General James Cole, Sen. Charles Grassley (R-IA) and Rep. Darryl Issa (R-CA) to Deputy Attorney General James Cole detail:

Based on the serial number [1977DX1654] from the police report obtained by Judicial Watch and documents obtained during our Fast and Furious investigation, we can confirm that the assault rifle recovered in the vehicle on July 30, 2013, was purchased by Sean Christopher Stewart. Stewart pled guilty to firearms trafficking charges resulting from his involvement with Operation Fast and Furious … Stewart purchased this particular firearm on December 8, 2009, one of 40 that he purchased that day while under ATF surveillance.” [Emphasis in original]

According to the Phoenix Police Department report, ATF traced the firearm on July 31, 2013, the day after Phoenix police officers recovered it. Yet, over a full year has passed, and the Department has failed to notify the Committees … This lack of transparency about the consequences of Fast and Furious undermines public confidence in law enforcement and gives the impression that the Department is seeking to suppress information and limit its exposure to public scrutiny.

In addition, despite the fact that the crime scene photos obtained by Judicial Watch clearly revealed a serial number that would show that the AK-47 used in the commission of the crime was a Fast and Furious weapon, the City of Phoenix and Department of Justice failed to turn over the incriminating photos to Congress, despite longstanding requests for such information. According to Judicial Watch sources, investigators knew at the scene and subsequently that the AK-47 was a Fast and Furious weapon.

The graphic crime scene photos include, but are not limited to, the following:

The Fast and Furious AK-47 laying in the front passenger well of the assailant’s vehicle
The Fast and Furious AK-47 in the police department evidence room
A close-up shot of the Fast and Furious AK-47 clearly revealing the ID number
A picture of the blood-stained apartment of the victim shot in the assault
A close-up picture of the victim with a massive gunshot head wound
A close-up shot of the victim’s ID
A handgun found at the scene of the crime
Three weeks following the July 29, 2013, assault, four suspects were apprehended in a raid conducted jointly by Phoenix police detectives and investigators from the Department of Homeland Security (DHS). According to press reports at the time “numerous rifles and handguns” were found when, “Detectives from the Phoenix Police Department and Homeland Security Investigations served federal search warrants.”

The presence of DHS investigators immediately raised questions because Phoenix was the central location of the ATF’s deadly Fast and Furious gunrunning operation. Operation Fast and Furious was a Justice Department/ Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) program in which the Obama administration allowed guns to go to Mexican drug cartels in the hopes that the guns would end up at crime scenes, thereby advancing gun-control policies. Fast and Furious weapons have been implicated in the murder of Border Patrol Agent Brian Terry and hundreds of other innocents in Mexico.

The failure to provide Congress with reports about the Phoenix crime scene is not the first time the Obama Justice Department has been accused of withholding Fast and Furious information. On June 28, 2012, Attorney General Eric Holder was held in contempt by the House of Representatives over his refusal to turn over documents about why the Obama administration may have lied to Congress and refused for months to disclose the truth about the gunrunning operation. It marked the first time in U.S. history a sitting Attorney General was held in contempt of Congress.

Separate Judicial Watch litigation for these documents, which had been subjected to an extraordinary executive privilege reelection season claim by President Obama, forced their release. Attorney General Holder announced his surprise retirement two days after the federal court ruling that led to the disclosure of the documents and to President Obama’s abandoning all of his controversial executive privilege claims that had kept the documents secret for nearly three years.

“Another Obama administration Fast and Furious cover-up has been undone by Judicial Watch. These crime scene photos graphically illustrate the legacy of President Obama and Eric Holder’s deadly Fast and Furious lies,” said Judicial Watch President Tom Fitton. “Even as the evidence and casualties mount, the Obama administration is still secreting information about its reckless program. These photos show the American people firsthand the bloody consequences when an out-of-control administration will not even admit – or correct – its own mistakes.”

Judicial Watch investigators are currently uploading the photos in their entirety (now complete).