Obama’s Betrayal of His Oath of Office — Traitorous Terrorist Treaty — Iranians Inspect Their Own Military Installations Building Nuclear Weapons –Obama Legacy Is A Sellout of The American People And Unconditional Surrender To Iran’s Demands — Not A Joke — Treason! — Not Trust, Not Verification — Obama Lied And Americans Will Die — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 518: August 20, 2015  

Pronk Pops Show 517: August 19, 2015 

Pronk Pops Show 516: August 18, 2015

Pronk Pops Show 515: August 17, 2015

Pronk Pops Show 514: August 14, 2015

Pronk Pops Show 513: August 13, 2015

Pronk Pops Show 512: August 12, 2015

Pronk Pops Show 511: August 11, 2015

Pronk Pops Show 510: August 10, 2015

Pronk Pops Show 509: July 24, 2015

Pronk Pops Show 508: July 20, 2015

Pronk Pops Show 507: July 17, 2015

Pronk Pops Show 506: July 16, 2015

Pronk Pops Show 505: July 15, 2015

Pronk Pops Show 504: July 14, 2015

Pronk Pops Show 503: July 13, 2015

Pronk Pops Show 502: July 10, 2015

Pronk Pops Show 501: July 9, 2015

Pronk Pops Show 500: July 8, 2015

Pronk Pops Show 499: July 6, 2015

Pronk Pops Show 498: July 2, 2015

Pronk Pops Show 497: July 1, 2015

Pronk Pops Show 496: June 30, 2015

Pronk Pops Show 495: June 29, 2015

Pronk Pops Show 494: June 26, 2015

Pronk Pops Show 493: June 25, 2015

Pronk Pops Show 492: June 24, 2015

Pronk Pops Show 491: June 23, 2015

Pronk Pops Show 490: June 22, 2015

Pronk Pops Show 489: June 19, 2015

Pronk Pops Show 488: June 18, 2015

Pronk Pops Show 487: June 17, 2015

Pronk Pops Show 486; June 16, 2015

Pronk Pops Show 485: June 15, 2015

Pronk Pops Show 484: June 12, 2015

Pronk Pops Show 483: June 11, 2015

Pronk Pops Show 482; June 10, 2015

Pronk Pops Show 481: June 9, 2015

Pronk Pops Show 480: June 8, 2015

Pronk Pops Show 479: June 5, 2015

Pronk Pops Show 478: June 4, 2015

Pronk Pops Show 477: June 3, 2015

Pronk Pops Show 476: June 2, 2015

Pronk Pops Show 475: June 1, 2015

Pronk Pops Show 474; May 29, 2015

Pronk Pops Show 473: May 28, 2015

Pronk Pops Show 472: May 27, 2015

Pronk Pops Show 471: May 26, 2015

Pronk Pops Show 470: May 22, 2015

Pronk Pops Show 469: May 21, 2015

Pronk Pops Show 468: May 20, 2015

Pronk Pops Show 467: May 19, 2015

Pronk Pops Show 466: May 18, 2015

Pronk Pops Show 465: May 15, 2015

Pronk Pops Show 464; May 14, 2015

Pronk Pops Show 463; May 13, 2015

Pronk Pops Show 462: May 8, 2015

Pronk Pops Show 461: May 7, 2015

Pronk Pops Show 460; May 6, 2015

Pronk Pops Show 459: May 4, 2015

Pronk Pops Show 458: May 1, 2015

Story 1: Obama’s Betrayal of His Oath of Office — Traitorous Terrorist Treaty — Iranians Inspect Their Own Military Installations Building Nuclear Weapons –Obama Legacy Is A Sellout of The American People And Unconditional Surrender To Iran’s Demands — Not A Joke — Treason! — Not Trust, Not Verification — Obama Lied And Americans Will Die — Videos

The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

“International inspections should be done by international inspectors. Period.”

House Foreign Affairs Committee Chairman Ed Royce

“Trusting Iran to inspect its own nuclear site and report to the U.N. in an open and transparent way is remarkably naive and incredibly reckless. This revelation only reinforces the deep-seated concerns the American people have about the agreement.”

~John Cornyn of Texas, the second-ranking Republican senator

“President Obama boasts his deal includes ‘unprecedented verification.’ He claims it’s not built on trust. But the administration’s briefings on these side deals have been totally insufficient – and it still isn’t clear whether anyone at the White House has seen the final documents.”

~House Speaker John Boehner

iaea-logo

a-map-of-irans-nuclear-facilitiemap of iran nuclear facilities

Iran Secret Deal “Self Inspection” 

Krauthammer: Iran Self-Inspecting Nuclear Facility Is ‘Scandalous, Farcical’

Megyn Kelly – Amb. Ron Dermer responds to Donald Trump’s Iran strategy

Side Deal Allows Iran To Conduct Its Own Nuclear Inspections

Iran Nuclear Side Deal – Iran Can Conduct Its Own Nuclear Inspections

IAEA: Iran has to allow inspection of country’s military sites

The Iran nuclear deal. Good deal or bad deal?

The Iran Nuclear Deal

MM160 – Iran Side-Deal Exposed

CBN NewsWatch: August 20, 2015

CNBC: Inspections program for Iran nuclear activity ‘a whole lot of bunk’

White House ‘Confident’ IAEA Can Investigate Iran

President Obama: Iran deal not built on trust, but verification

2015 – CNN World News – Obama On Iran Nuclear Deal – Full Speech

Larry Elder Interviews Michael Ledeen

Top three consequences of the Iran nuclear deal

Malzberg | Patrick J. Buchanan weighs in on the Iran Deal

FDD Freedom Scholar Michael Ledeen comments on Iran and radical Islamist ideology.

NETANYAHU on IRAN NUCLEAR DEAL – “One of the Darkest Days in World History”

Malzberg | Dr. Michael Ledeen: “Obama is on Iran’s side”

Michael Ledeen: Bring Down the Iranian Regime

Federal Prosecutor: Obama’s Iran Nuke Deal Clearly Treason

In a interview with Frank Gaffney, Former Federal Prosecutor Andy McCarthy lays out why the Iran nuclear deal put forth by the Obama administration is clearly a act of treason against the United States.

General: Obama’s Iran Deal Is ‘A Treasonous Act Under The Constitution’

Major General Paul Vallely (Ret.) blasted Obama’s nuclear deal with Iran while being interviewed by Alan Colmes on Fox News. The General stated that Obama, Kerry and the State Department are ‘aiding and abetting an enemy of the United States’ and is ‘a treasonous act under the constitution’ in his opinion.

Secret Side Deal “Iran, IAEA Deal” ?

Iran’s parliament upholds ban for IAEA to access military sites, scientists ‘at will’

Iran’s Supreme Leader refuses access to military sites and scientists

Iran’s Guardian Council ratifies bill banning inspection of military sites

Top commander: Iran never to allow foreigners to inspect military sites

Amid nuke talks, Ayatollah says ‘death to America’

IAEA: Iran has to allow inspection of country’s military sites

McConnell Calls for Senate Passage of Iran Nuclear Agreement Review Act

US Republican-led Senate passes Iran Nuclear Agreement Review Act

Mark Levin: “Obama Has Now Planted The Seeds Of World War III” With Iran Deal

Mark Levin: Senate passed the Iran Nuclear Agreement Review Act 98 to 1 (audio from 05-07-2015)

Incredible! New George S Patton speech! Iran & modern warfare

AP Exclusive: UN to let Iran inspect alleged nuke work site

The day after a devastating take-down of the Iran deal from Sen. Bob Menendez (D-N.J.), the Associated Press reports:

Iran, in an unusual arrangement, will be allowed to use its own experts to inspect a site it allegedly used to develop nuclear arms under a secret agreement with the U.N. agency that normally carries out such work, according to a document seen by The Associated Press.

The revelation is sure to roil American and Israeli critics of the main Iran deal signed by the U.S., Iran and five world powers in July. Those critics have complained that the deal is built on trust of the Iranians, a claim the U.S. has denied.

It surely will. “This establishes the exact precedent that Iran always sought and repeatedly claimed: IAEA weapons inspectors will never get physical access into any military sites,” says sanctions expert Mark Dubowitz in an email. “That the Obama administration agreed to Iranian self-inspections tells you everything you need to know about how far it caved on the essential elements of a verifiable and enforceable nuclear agreement.”

The inspection regime and dispute resolution system was already riddled with loopholes that Iran will exploit. But with this there is not even the pretense that there is a viable inspection process. With self-inspection comes the open door for Iran to cheat with impunity. The AP report continues:

The Parchin deal is a separate, side agreement worked out between the IAEA and Iran. The United States and the five other world powers that signed the Iran nuclear deal were not party to this agreement but were briefed on it by the IAEA and endorsed it as part of the larger package. Without divulging its contents, the Obama administration has described the document as nothing more than a routine technical arrangement between Iran and the U.N.’s International Atomic Energy Agency on the particulars of inspecting the site.

Ironically, Menendez’s speech is more true in the wake of the AP report than it was when he delivered it:

For well over a decade, the world has been concerned about the secret weaponization efforts Iran conducted at the military base called Parchin. The goal that we have long sought, along with the international community, is to know what Iran accomplished at Parchin — not necessarily to get Iran to declare culpability — but to determine how far along they were in their nuclear weaponization program so that we know what signatures to look for in the future. . . .

With so much at stake, the IAEA — after waiting over ten years to inspect Parchin, speak to Iranian nuclear scientists, and review additional materials and documents — are now told they will not have direct access to Parchin.  The list of scientists the P5+1 wanted the IAEA to interview were rejected outright by Iran, and they are now given three months to do all of their review and analysis before they must deliver a report in December of this year.  How the inspections and soil and other samples are to be collected are outlined in two secret agreements that the U.S. Congress is not privy to.  The answer as to why we cannot see those documents, is because they have a confidentiality agreement between the IAEA and Iran, which they say ‘is customary,’ but this issue is anything but customary.

“If Iran can violate its obligations for more than a decade, it can’t then be allowed to avail themselves of the same provisions and protections they violated in the first place.  We have to ask:  Why would our negotiators decide to negotiate access to other IAEA documents, but not these documents?  Maybe the reason, as some members of Congress and public reports have raised, is because it will be the Iranians and not the IAEA performing the tests and providing the samples to be analyzed, which would be the equivalent of having an athlete accused of using performance enhancing drugs submit an unsupervised urine sample to the appropriate authority.  Chain of custody doesn’t matter when the evidence given to you is prepared by the perpetrator.

Maybe this is why we did not get a look at the side deal. If Iran is going to inspect itself anyway it hardly matters if we know about PMD’s or how many days inspectors must wait.

Tellingly, according to Huffington Post reporter Sam Stein, the White House put out a weak-kneed statement saying it was “confident in the agency’s technical plans” and insisted if the IAEA was happy, it was happy. According to the Washington Free Beacon, Iran threatened an IAEA official if he revealed the nature of the side deals. No wonder.

It is hard to argue that the contents of the deal amount to anything approaching the stated aim of preventing Iran from going nuclear. Obama frankly wanted a document so badly he literally did not care what was in it, or at least what was in the critical side deal. The deal is an utter farce. Democrats who have not declared their intentions to date will be hard-pressed to justify supporting it.

UPDATE: Sen. Bob Corker (R-Tenn.), chairman of the Foreign Relations Committee, tells me, “This type of unorthodox agreement has never been done before by the IAEA and speaks to the great lengths our negotiators took to accommodate the Ayatollah despite repeated assurances from the administration that this deal is not based on trust.” House Speaker John Boehner put out a statement, which reads, “The Obama administration has a lot of explaining to do. Why haven’t these secret side agreements been provided to Congress and the American people for review? Why should Iran be trusted to carry out its own nuclear inspections at a military site it tried to hide from the world? How does this not set a precedent for future inspections at suspicious military sites in Iran?” He continued, “President Obama boasts his deal includes ‘unprecedented verification.’ He claims it’s not built on trust. But the administration’s briefings on these side deals have been totally insufficient – and it still isn’t clear whether anyone at the White House has seen the final documents. The American people and their representatives in Congress have serious questions about whether this nuclear agreement will keep our country safe, and it’s time for this administration to provide honest answers.”

https://www.washingtonpost.com/blogs/right-turn/wp/2015/08/19/the-latest-iran-revelation-is-utterly-humiliating/

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Another Republican Party Sellout of American People — Trade Partnerships and Agreements Will Be Used To Change Immigration and Visa Policies Through Trade In Service Agreement (TISA) and Pacific Union — Videos

Posted on June 24, 2015. Filed under: Articles, Banking, Blogroll, Business, Comedy, Communications, Constitution, Corruption, Crime, Crisis, Economics, Federal Government Budget, Fiscal Policy, Fraud, History of Economic Thought, Illegal, Immigration, Investments, Legal, Macroeconomics, Microeconomics, Monetary Policy, Money, Radio, Tax Policy, Trade Policiy | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 491 June 23, 2015

Pronk Pops Show 490 June 22, 2015

Pronk Pops Show 489 June 19, 2015

Pronk Pops Show 488 June 18, 2015

Pronk Pops Show 487 June 17, 2015

Pronk Pops Show 486 June 16, 2015

Pronk Pops Show 485 June 15, 2015

Pronk Pops Show 484 June 12, 2015

Pronk Pops Show 483 June 11, 2015

Pronk Pops Show 482 June 10, 2015

Pronk Pops Show 481 June 9, 2015

Pronk Pops Show 480 June 8, 2015

Pronk Pops Show 479 June 5, 2015

Pronk Pops Show 478 June 4, 2015

Pronk Pops Show 477 June 3, 2015 

Pronk Pops Show 476 June 2, 2015

Pronk Pops Show 475 June 1, 2015

Pronk Pops Show 474 May 29, 2015

Pronk Pops Show 473 May 28, 2015

Pronk Pops Show 472 May 27, 2015

Pronk Pops Show 471 May 26, 2015

Pronk Pops Show 470 May 22, 2015

Pronk Pops Show 469 May 21, 2015

Pronk Pops Show 468 May 20, 2015 

Pronk Pops Show 467 May 19, 2015

Pronk Pops Show 466 May 18, 2015

Pronk Pops Show 465 May 15, 2015

Pronk Pops Show 464 May 14, 2015

Pronk Pops Show 463 May 13, 2015

Pronk Pops Show 462 May 8, 2015

Pronk Pops Show 461 May 7, 2015

Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Story 1: Another Republican Party Sellout of American People — Trade Partnerships and Agreements Will Be Used To Change Immigration and Visa Policies Through Trade In Service Agreement (TISA) and Pacific Union — Videos

Unholy-Trinity-TISA-TPP-TTIP

Fast-Track-AuthorityTrans-Pacific-Trade-Agreement_issuebannerUS_visaUSA_Visa

U.S. Senator Jeff Sessions: Trade Promotion Authority Legislation Is Not Good For Americans

.S. Senator Jeff Sessions, R., Alabama, on June 18, 2015, spoke on the senate floor to address his concerns on the Trade Promotion Authority legislation. He spoke at length and in a round about way said the legislation is seditious and treasonous.

Today, June 23, 2015, Sessions released the following statement after the passing of the TPA:

“Americans increasingly believe that their country isn’t serving its own citizens. They need look no further than a bipartisan vote of Congress that will transfer congressional power to the Executive Branch and, in turn, to a transnational Pacific Union and the global interests who will help write its rules.

The same routine plays out over and again. We are told a massive bill must be passed, all the business lobbyists and leaders tell us how grand it will be, but that it must be rushed through before the voters spoil the plan. As with Obamacare and the Gang of Eight, the politicians meet with the consultants to craft the talking points—not based on what the bill actually does, but what they hope people will believe it does. And when ordinary Americans who never asked for the plan, who don’t want the plan, who want no part of the plan, resist, they are scorned, mocked, and heaped with condescension.

Washington broke arms and heads to get that 60th vote—not one to spare—to impose on the American people a plan which imperils their jobs, wages, and control over their own affairs. It is remarkable that so much energy has been expended on advancing the things Americans oppose, and preventing the things Americans want.

For instance: thousands of loyal Americans have been laid off and forced to train the foreign workers brought in to fill their jobs—at Disney, at Southern California Edison, across the country. Does Washington rush to their defense? No, the politicians and the lobbyists rush to move legislation that would double or triple the very program responsible for replacing them.

This ‘econometarian’ ideology holds that if a company can increase its bottom line —whether by insourcing foreign workers or outsourcing production—then it’s always a win, never a downside.

President Obama, and allies in Congress, have won this fast-track vote. But, in exchange, they may find that they are losing something far greater: the trust of the American people. Americans have a fundamental, decent, and just demand: that the people they elect defend their interests. And every issue to come before us in the coming months will have to pass this test: does it strengthen, or weaken, the position of the everyday, loyal American citizen?”

TPA passes senate! (Traitors)

Victory for Obama as the Senate gives him the go ahead to negotiate Pacific Rim trade deal

ALERT: Senator Jeff Sessions Issues Dire Warning on TPP

McConnell Lauds the Advancement of Trade Promotion Authority

U.S. Senate Sells Out America!

Republican Senators Sell Out America!

Trade Promotion Authority

Senate advances fast-track trade bill for Obama

he Senate on Tuesday voted to advance President Obama’s trade agenda, approving a measure to end debate on fast-track authority.

The 60-37 motion sets up a vote on final passage on Wednesday. If the Senate approves fast-track or trade promotion authority (TPA), it would then be sent to Obama’s desk to become law.

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Fast-track authority would allow Obama to send trade deals to Congress for up-or-down votes. The White House wants the authority to conclude negotiations on a sweeping trans-Pacific trade deal.
Thirteen Democrats backed fast-track in Tuesday’s vote, handing Senate Majority Leader Mitch McConnell (R-Ky.) a major legislative victory. Sen. Ben Cardin (D-Md.) voted against the procedural motion.

The Democrats cast “yes” votes even though the trade package did not include a workers assistance program for people displaced by increased trade. The Trade Adjustment Assistance (TAA) program was a part of the last fast-track package approved by the Senate in May, but became a key part of opposition to the package among Democrats in the House.

To move fast-track forward, the White House and GOP leaders in both chambers decided to break TAA away from fast-track and to try to approve both in separate votes.

After the Senate votes Wednesday on final passage for fast-track, it will take a procedural vote on a package that includes TAA and trade preferences for African countries known as the African Growth and Opportunity Act (AGOA).

McConnell has promised both bills, as well as a customs and enforcement bill favored by Democrats, will reach Obama’s desk by the end of the week.

“If we all keep working together and trusting each other, then by the end of the week the President will have TPA, TAA and AGOA and Preferences on his desk — with Customs in the process of heading his way too,” he said on the floor.

The House has already passed fast-track but it must still vote on the package including TAA, which faces opposition from conservatives.

Speaker John Boehner (R-Ohio) reiterated on Tuesday his pledge to vote again on TAA as soon as it clears the upper chamber.

“The House will consider TAA once it passes the Senate as part of a new trade preferences bill. And we are ready to go to conference on the customs bill. Our goal is to get TPA and TAA to the president’s desk this week and deliver this win for the American people,” he said in a statement.

The Senate vote to end a filibuster against fast-track appeared in doubt until the final moment as a group of pro-trade Democrats balked at McConnell’s decision to split it off from TAA, a move made necessary to circumvent opposition in the House.

Democratic Sens. Michael Bennet (Colo.), Chris Coons (Del.), Ben Cardin (Md.), Jeanne Shaheen (N.H.), Maria Cantwell (Wash.), Claire McCaskill (Mo.), Patty Murray (Wash.) and Heidi Heitkamp (N.D.) refused to say publicly how they would vote.

McConnell’s margin for error shrank further when Sen. Ted Cruz (R-Texas), who is running for president, announced he would vote to block the bill, declaring in a Breitbart.com op-ed that it had “become enmeshed in corrupt Washington backroom dealmaking.”

Other Republican White House hopefuls, including Sen. Rand Paul (Ky.) and former Arkansas Gov. Mike Huckabee, oppose fast-track.

Sen. Ron Wyden (Ore.), the senior Democrat on the Finance Committee, held talks with other pro-trade Democrats late into the evening Monday to address their concerns.

He delivered an impassioned speech in favor of the bill shortly before the vote, arguing that it would allow the United States to keep pace with China in the competition for Asian markets.

“This is our chance to set a new course. This is our chance to put in place higher standards in global trade on matters like labor rights and environmental protection, shine some real sunlight on trade agreements and ensure that our country writes the rules of the road,” he said.

Senate Finance Committee Chairman Orrin Hatch (R-Utah), who co-wrote the trade bill with Wyden, argued the vast majority of global economic growth will take place outside of the United States over the next decade.

“If our workers, farmers, ranchers and service providers are going to be able to compete in these growing markets, we must have open access to these markets and fair trade rules to boot,” he said on the floor.

Opponents led by Democratic Sens. Sherrod Brown (Ohio) and Elizabeth Warren (Mass.) warned fast-track would cost thousands of American jobs and allow multi-national companies to evade U.S. law.

Brown reproached his colleagues for voting to give Obama fast-track authority while having little idea of the shape of the Trans-Pacific Partnership (TPP) trade accord that will receive expedited consideration in Congress as a result.

“We’ve gotten the worst of both worlds because we’re voting on TPA and we haven’t been able to see what’s in TPP,” Brown said before the vote.

The AFL-CIO waged a fierce lobbying campaign against fast-track for months.

“It will do nothing to prevent repeating the mistakes of failed trade policies that have contributed to stagnating wages, increasing inequality and the closure of more than 60,000 factories since 2000,” the union wrote in a letter dated Monday.

Thomas J. Donohue, president and CEO of the U.S. Chamber of Commerce, and other business leaders applauded the development.
“Today’s vote is an important step towards revitalizing our economy, creating more good American jobs, and reasserting our country’s global economic leadership,” Donohue said in a statement.

Sens. Mike Lee (R-Utah), Bob Menendez (D-N.J.) and Bob Corker (R-Tenn.) missed the vote. McConnell said Corker would have voted “yes” if he had been present, while Brown noted that Lee and Menendez would have voted “no.”

http://thehill.com/policy/finance/245827-senate-advances-fast-track-trade-bill-for-obama

SESSIONS WARNS TPA WOULD CREATE ‘PACIFIC UNION’ AKIN TO EUROPEAN UNION

In a joint appearance on Sean Hannity’s radio show on Wednesday,

Sen. Jeff Sessions (R-AL)
80%

and

Rep. Duncan Hunter (R-CA)

67%

warned against the passage of the so-called Trade Promotion Authority (TPA) currently being considered by the Congress.Sessions argued it was more than just a framework for a process for the president of the United States to use in negotiating trade agreements, but instead was creating an economic union with wide-ranging powers.

“I’ve been there three times and I can tell you it is far more than a trade agreement,” he said. “It is a creating of an economic union. The congressional resource said it is a wide-ranging political and economic partnership that is created where the Sultan of Brunei gets one vote. The president of the United States gets one vote. Twelve countries – they have the ability to add other treaties and pass them. They have the ability to deal with climate issues, wage issues and environmental issues. There’s just no doubt about that.”

The junior Alabama senator went on to explain that he felt it was being kept secret because if the public were aware of this union, which he likened to the European Union, it would be stopped dead in its tracks.

“I think it’s because if the trade commission – if the international commission, the Pacific union that is being created here – were made public, it wouldn’t go anywhere. I just don’t think it has any chance – look, England found out after they joined the EU they can’t fox hunt anymore.”

http://www.breitbart.com/video/2015/06/10/sessions-warns-tpa-would-create-pacific-union-akin-to-european-union/

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Senator Cruz Hails Victory of 26 States in Federal District Court with Judge Andrew S. Hanen’s Stopping Obama From Issuing of Work Permit Cards (Employment Authorization Document) for 4-5 Million Illegal Aliens in U.S. — Videos

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Story 1: Senator Cruz Hails Victory of 26 States in Federal District Court with  Judge Andrew S. Hanen’s Stopping Obama From Issuing of Work Permit Cards (Employment Authorization Document) for 4-5 Million Illegal Aliens in U.S. — Videos
work permit

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US judge temporarily halts Obama’s immigration orders

A judge in Texas has temporarily halted a plan by US President Barack Obama to give a reprieve from deportation to millions of undocumented people.

The ruling by US District Judge Andrew Hanen gives a coalition of 26 states time to pursue a lawsuit aiming to permanently stop the orders.

Some parts of the policy would have started to take effect on Wednesday.

US Attorney General Eric Holder said he is seeking to overturn the Texas ruling and the courts will ultimately decide.

The coalition of states, led by Texas and made up of mostly conservative states in the South and Midwest, say the order would increase costs for law enforcement, health care and education.

On Tuesday the White House defended the legality of its policy, announced by President Obama in November after immigration-reform efforts had failed repeatedly in Congress.

President Obama’s unilateral move angered Republicans who are working to stop the executive action.

The House has approved a bill that would remove funding for the policies from the Department of Homeland Security’s budget. The measure has failed to pass the Senate and President Obama is expected to veto the bill.

Republicans hailed Mr Hanen’s injunction.

“The Texas court decision reached last night is a major turning point in the fight to stop Obama’s lawless amnesty,” said Senator Ted Cruz, a Texas Republican.

The White House has said Obama’s executive order is not out of legal bounds and that the US Supreme Court and Congress have said federal officials can set priorities in enforcing immigration laws.

Twelve states as well as Washington DC and the US Conference of Mayors have come out in support of President Obama’s action, saying it would stimulate the economy.

The first of President Obama’s orders – to expand a programme that protects young immigrants from deportation if they were brought to the US illegally as children – was set to start on Wednesday.

The other major part of President Obama’s order, which extends deportation protections to parents of US citizens and permanent residents who have been in the country for some years, was not expected to begin until 19 May.

Judge Nap: ‘Rare Ruling Against Obama Could Delay Amnesty Forever

Judge Andrew Napolitano said today that a new federal court ruling could actually delay President Obama’s immigration amnesty “forever.”

On FBN’s “Varney & Co.,” the judge explained the meaning behind the new ruling that temporarily blocks the implementation of Obama’s executive actions on immigration.

The ruling came late Monday after 26 states asked the court to delay the implementation until after the conclusion of a lawsuit challenging the legality of Obama’s orders.

U.S. District Judge Andrew Hanen granted the preliminary injunction Monday after hearing arguments in Brownsville, Texas, last month. He wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will “suffer irreparable harm in this case.”

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed with the plaintiffs’ argument that legalizing the presence of millions of people is a “virtually irreversible” action.

The first of Obama’s orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to start taking effect Wednesday. The other major part of Obama’s order, which extends deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, was not expected to begin until May 19.

Napolitano called Hanen’s ruling “rare,” saying one federal judge usually does not decide to stop the president from doing something. He said it’s more common for a federal judge to let an appeals court decide.

“You could count on one hand the number of times a single federal judge has done this to a President of the United States since World War II and you would not use all your fingers,” he said.

The case now moves to the Fifth Circuit Court of Appeals that covers New Orleans and Houston.

Napolitano said the amnesty program is on hold “probably forever” unless the appeals court decides to overturn Hanen’s injunction.

He said it will probably take longer than two years – Obama’s remaining time in office – for the overall case to wind its way through the courts.

“The judge said the feds will probably lose and there is probably irreparable harm to the states, therefore I am going to stop this from happening and I’m going to stop it right now,” he explained.

Texas Judge’s Immigration Rebuke May Be Hard To Challenge

President Barack Obama’s administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said. In his ruling on Monday that upended plans to shield millions of people from deportation, U S District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans. The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing. The ruling, however narrow, marked an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4. 7 million illegal immigrants stay without threat of deportation.

It’s a very procedural point – that he did this too quickly, said Michael Kagan, a law professor at the University of Nevada, Las Vegas. Hanen’s ruling left in disarray U S policy toward the roughly 11 million people in the country illegally. Obama said on Tuesday he disagreed with the ruling and expected his administration to prevail in the courts. The U S Justice Department was preparing an appeal of Hanen’s temporary injunction to the 5th U S Circuit Court of Appeals in New Orleans, Obama said. The court could consider an emergency request to block Hanen’s ruling, potentially within days, although most of the 23 judges on the court were appointed by Republican presidents. There was no consensus among lawyers with expertise in administrative law and immigration law on whether Hanen would be reversed on appeal. But they said the judge was wise to focus on an area of administrative law where legal precedent is sometimes fuzzy. In the near term, the narrow approach allowed Hanen to issue a temporary injunction barring federal agencies from putting Obama’s plans into place. An appointee of President George W. Bush, Hanen had previously criticized U S immigration enforcement as too lax.

BRAKE ON PRESIDENTIAL ACTIONHanen’s ruling turned on the Administrative Procedure Act’s requirement that a proposed rule or regulation appear in the Federal Register so people have a chance to comment. The Federal Register is a daily journal of U S government proceedings. The notice and comment requirement acts as a brake on all presidents, slowing their plans by months or years. The requirement, though, does not apply to interpretative rules or legislative rules, an exception that Justice Department lawyers said applied to Obama’s announcement in November.

For Hanen, the pivotal question became whether the new rules, such as granting work permits to potentially millions of illegal immigrants, was binding on federal agents or merely general guidance. He ruled that they were binding, and that Obama should have allowed for notice and comment. Lawyers with expertise in administrative law said there was little guidance from the U S Supreme Court on what qualifies as a rule that needs to be published, leaving disagreement among lower courts and a grey area for Hanen to work in. The case law as to what qualifies as a legislative rule is remarkably unclear, said Anne Joseph O’Connell, a University of California Berkeley law professor.

LENGTHY PROCESS LOOMSO’Connell said it was hard to predict how the appeals court would rule in the end, although she thought it was likely the court would lift Hanen’s temporary injunction and allow the Obama administration to begin putting its program in place. The subject is not strictly partisan, she said, because sometimes a liberal interest group might favor a strict requirement for notice and comment. An appeal before the 5th Circuit could take months, as lawyers file written briefs.

Immigration Delays Likely as DOJ Weighs Legal Options

Federal judge temporarily blocks Obama’s immigration executive action

Obama weighs in on Texas judge’s immigration ruling

Federal judge temporarily blocks Obama’s immigration executive action

No Clear End in Sight to Avoid Shutdown of Department of Homeland Security

Obama’s New Jobs Program: Work Permits for Illegal Aliens

Ted Cruz: White House ‘Counterfeiting Immigration Documents’

Sen. Ted Cruz, R-Texas, believes that the Obama administration is “counterfeiting immigration documents” under the president’s immigration plan.

Speaking to Fox News following a federal judge’s decision to temporarily halt President Barack Obama’s executive action on immigration, the potential Republican presidential contender said the commander in chief is ignoring federal law.

“One of the things it points out is the president has claimed, rather absurdly, that the basis of his authority is ‘prosecutorial discretion.’ That he’s simply choosing not to prosecute 4.5 million people here illegally,” Cruz told Fox News. “But what the district court concluded, quite rightly, is they’re doing far more than that. The administration is printing work authorizations. It is affirmatively acting in contravention of federal law. Basically, what its doing is counterfeiting immigration documents, because the work authorizations its printing are directly contrary to the text of federal law. It is dangerous when the president ignores federal law.”

U.S. District Judge Andrew Hanen’s decision late Monday puts on hold Obama’s orders that could spare from deportation as many as 5 million people who are in the U.S. illegally.

In a memorandum accompanying his order, Hanen said the lawsuit should go forward and that the states would “suffer irreparable harm in this case” without a preliminary injunction.

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed that legalizing the presence of millions of people is a “virtually irreversible” action.

Talking to reporters in the Oval Office, Obama said he disagreed with the ruling by Hanen that the administration had exceeded its authority. But he said that, for now, he must abide by it.

“We’re not going to disregard this federal court ruling,” Obama said, but he added that administration officials would continue to prepare to roll out the program. “I think the law is on our side and history is on our side,” he said.

Cruz called it a “major victory for the rule of law.”

“It’s interesting, (Obama) said the law is on his side. There’s at least one person who calls himself a legal scholar who disagrees, and his name is Barack Obama,” Cruz said. “Twenty-two times President Obama has admitted he doesn’t have the authority to issue unilateral amnesty. Twenty-two times he says the constitution doesn’t allow it. He said, ‘This is not a monarchy.’ That’s his quote. And then after the last election, he said never mind and issued it anyway.”

Obama’s directives would make more than 4 million immigrants in the United States illegally eligible for three-year deportation stays and work permits. Mostly those are people who have been in the country for more than five years and have children who are U.S. citizens or legal permanent residents. Applications for the first phase were to begin Wednesday, when as many as 300,000 immigrants brought illegally to the country as children could begin applying for an expansion of Obama’s 2012 program aimed at the younger immigrants known as Dreamers.

Hanen’s ruling late Monday night, in a case brought by 26 states led by Texas, said that Obama and his Homeland Security Department lacked the authority to take the actions they did.

“No statute gives the DHS the discretion it is trying to exercise here,” wrote Hanen, and he issued a stay blocking the actions from taking effect. His order was not a big surprise from a Republican-appointed judge who has showed a hard line on border issues.

The Obama administration could seek a stay of his order in addition to appealing to the 5th U.S. Circuit Court of Appeals in New Orleans. Attorney General Eric Holder said Tuesday that the Justice Department was deciding its next move.

He said, “I’ve always expected that this is a matter that will ultimately be decided by a higher court — if not the Supreme Court then a federal court of appeals.”

http://washington.cbslocal.com/2015/02/18/ted-cruz-white-house-counterfeiting-immigration-documents/

Federal Judge Blocks Implementation of Obama’s Executive Amnesty, For Now

By Patrick Brennan

A federal judge for the Southern District of Texas granted an injunction tonight blocking the implementation of President Obama’s sweeping executive action on immigration from November, which offered a form of temporary legal status and work authorization to millions of illegel immigrants. The judge, Andrew Hanen, is considering a case brought by the attorney generals of 26 states, which alleges that the executive action is improper and unconstitutional, and will harm the states by forcing them to pay for some benefits granted to newly legal immigrants, such as drivers’ licenses, and for higher law-enforcement costs.

The federal government is expected to immediately ask for a stay of the injunction. That would allow the feds to resume the process of preparing to grant quasi-legal status to millions of illegal immigrants — applications for one category of the president amnesty were to open this week. For now, that can’t happen; the decision from a higher court will probably take a few weeks.

Whatever the final decision is, this ruling should a bit of ammunition for Republicans who are currently trying to force some Democrats into agreeing to a government-funding bill in Congress that blocks the implementation of the order, which many Democrats once opposed.

Such an injunction isn’t granted unless the judge feels the plaintiffs have “a substantial likelihood of success on the merits.” Hanen’s ruling offers analysis of whether the states have standing to sue (on a number of grounds, he says they do), and whether they have a good chance at success.

The basic argument from the states that Hanen favors isn’t one about constitutional improprieties (he doesn’t get to that question, which the states have raised); it’s that the Department of Homeland Security has effectively created a whole new program and procedure without following any of the legally necessary steps. The Obama administration’s use of deferred action amounts to new rulemaking, Hanen suggests, because there’s so little evidence that the system, based on DACA, involves case-by-case discretion, as the feds claim it does.

Josh Blackman, a professor at the South Texas College of Law who’s written about the executive-amnesty issue for NR, has analysis of the full ruling here.

The ruling is certainly exciting for those who were troubled by the president’s actions, but a few reasons why not to get too excited:

The Fifth Circuit, the federal-court region that includes Texas, could stay the injunction relatively soon, though, allowing the granting of legal status to go forward. (Although the program could, in theory, eventually still be struck down.)

Hanen is not necessarily anything but a mainstream judge, but he is a Bush appointee who, the Times notes, has a record of hawkish immigration opinions. That has no bearing on the logic of his decision, but it might suggest other judges won’t necessarily agree with Hanen’s reasoning.

Whether states even have the right to challenge the president’s action isn’t entirely clear, partly because immigration enforcement is almost exclusively a federal domain. Attorney Ian Smith laid out the states’ case for standing on NROhere. Congressional Republicans have said they’d like to challenge the president’s order in court, too; their case for standing is considered more far-fetched. On the upside, the judge’s decision in Texas grants standing to the states on multiple grounds where they argue they have it, though not all of them.

Relatedly, courts are just pretty deferential when it comes to fights between the other two branches. Hanen’s ruling notes this repeatedly, maintaining that in order for the courts to halt the executive branch, it has to be actively, affirmatively doing something unauthorized, rather than just overstepping its bounds or abdicating its powers.

An Obama-appointed federal judge ruled in December that Sheriff Joe Arpaio didn’t have standing to sue over the president’s actions — a different case, for sure, but not entirely separate, since the 26 states involved in this case are alleging that legalized immigrants pose a law-enforcement threat, as Arpaio argued, too. The other case that has gone against Obama on this issue, a Pennsylvania federal judge’s ruling that the amnesty is unconstitutional, has been considered flimsy and overreaching; Blackman notes that Hanen’s decision is much better reasoned.​

The lawsuit just challenges the executive action announced in November, which offers “deferred action” status, a form of theoretically temporary legal residency and work authorization, to illegal immigrants with specific ties to the U.S. — the parents of citizens, etc. The categories in all add up to 4 to 5 million eligible illegal aliens.

That comes on top of the close to a million illegal immigrants eligible for deferred action under the president’s 2012 executive action, which allowed illegal immigrants who’d come here at a young age and met a few other criteria to stay. The Texas court decision examines that program, known as DACA, in detail, but it isn’t at issue in the case. A number of outlets refer to this injunction as halting “DACA expansions,” which is true, but a bit of a misnomer: The “DACA expansions” are deferred action for adults and childhood arrivals who were older or otherwise ineligible for the DACA program the president started in 2012. They’re not really the same thing, and DACA itself — the status it gave to hundreds of thousands of illegal immigrants and the application process they can still begin now if they haven’t gotten status — is unaffected.

This differs slightly from the political strategy Republicans have put forth in Congress: The bill the House passed earlier this year to fund the Department of Homeland Security would halt the DACA program, block the implementation of the president’s November action, and undo some of his other executive immigration policies, too.

http://www.nationalreview.com/corner/398741/federal-judge-blocks-implementation-obamas-executive-amnesty-now-patrick-brennan?utm_source=co2hog

Federal judge halts Obama amnesty; White House to appeal

By Stephen Dinan

A federal judge late Monday halted President Obama’s deportation amnesty, ruling he overstepped his powers in trying to grant legal status and “benefits and privileges” to millions of illegal immigrants, in a stunning decision that chides the president and throws the White House’s plans into disarray just a day before applications were to be accepted.

The White House said it will appeal Judge Andrew S. Hanen’s decision, but it’s unclear whether the case could reach the circuit court in New Orleans or even the Supreme Court before Wednesday, which is when the Homeland Security Department had planned to begin accepting the first applications under the new amnesty.

“The DHS was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence,’ ” Judge Hanen wrote in issuing an injunction. “In fact, the law mandates that these illegally-present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.”


SEE ALSO: FLASHBACK: Bush-appointee judge scorched Homeland Security before eviscerating amnesty


In the immediate sense, the ruling will become a major part of the debate over homeland security funding that has roiled Capitol Hill, with Republicans insisting Mr. Obama’s actions were unconstitutional and should be halted through Congress’s spending power, and Democrats backing their president by filibustering to block funding for the Homeland Security Department altogether.

The ruling doesn’t mean those illegal immigrants are going to be deported immediately — indeed, Judge Hanen said they are likely not to be deported at all under Mr. Obama, who had set “priorities” putting them in little danger of ever being kicked out of the country, even without the formal amnesty.

The judge said Mr. Obama does have the right to set those priorities, but said it is likely a step too far for him to have set up a proactive program to grant them other benefits.

“The DHS may continue to prosecute or not prosecute these illegally-present individuals, as current laws dictate. This has been the status quo for at least the last five years and there is little-to-no basis to conclude that harm will fall upon the defendants if it is temporarily prohibited from carrying out the … program.”

One immigrant-rights group called his decision “judicial vigilantism,” while another called it a “minor legal bump” and said it’s “merely a matter of time” before they win legal status.

White House press secretary Josh Earnest was dismissive of the judge’s ruling, saying it contradicted Mr. Obama’s own lawyers, who told him he was “well within his legal authority.”

“Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision,” Mr. Earnest said early Tuesday.

Judge Hanen’s exhaustive opinion, which ran to 123 pages, eviscerated the administration’s legal arguments. Where Mr. Obama claimed he was only issuing “guidance” and using his powers of prosecutorial discretion to make decisions on a case-by-case basis, the judge ruled that wording was “disingenuous” and ignored the substance of what the president was trying to do.

He also said Mr. Obama hurt his own case by saying he’d acted to “change the law,” implying a much more substantive legal program than his administration was arguing in court.

The president’s new plan, known as Deferred Action for Parental Accountability, announced in November, was designed to cover more than 4 million illegal immigrant parents of U.S. citizens and legal permanent residents, granting them a three-year stay of deportation, Social Security numbers and work permits to compete legally for jobs. The November order also expanded a 2012 program for so-called Dreamers, or illegal immigrants brought to the U.S. as children.

The initial Dreamer program is still in place, and covers more than 600,000 illegal immigrants, but Judge Hanen halted its expansion, as well as the new program for parents.

About 95 percent of those who applied for the 2012 Dreamer program were approved, while nobody who didn’t meet the strict criteria was — both factors that Judge Hanen said suggested this wasn’t “discretion,” but rather a new substantive legal policy that should have gone through the usual rule-making process.

“While [the program] does not provide legal permanent residency, it certainly provides a legal benefit in the form of legal presence (plus all that it entails) — a benefit not otherwise available in immigration laws,” the judge wrote. “In this case, actions speak louder than words.”

Still, almost none of those who would have been approved for the amnesty are in danger of deportation, thanks to Mr. Obama’s other, less-noticed policies that order immigration agents only to go after illegal immigrants with serious criminal records. That likely means only a couple million of the nearly 12 million illegal immigrants in the U.S. are likely to be in any danger of deportation.

Immigrant-rights advocates had expected the ruling and had been working ahead of time to discredit Judge Hanen, saying he had a “bias” against them, based on a December 2013 ruling.

In that ruling, Judge Hanen had spotted the surge of illegal immigrant children crossing the border earlier on, and had been critical of how Homeland Security officials had handled it, accusing them of being complicit in human trafficking because they would deliver the children to their illegal immigrant parents in the U.S. without trying to deport either party.

Last summer’s spike in illegal immigrant children from Central America bore out Judge Hanen’s concerns, with the administration belatedly admitting that the ease of getting across the border and being connected with family here in the U.S. was helping spur the surge.

http://www.washingtontimes.com/news/2015/feb/17/judge-andrew-s-hanen-halts-obama-amnesty/

Obama’s Amnesty Hits a Legal Roadblock
If a Texas judge’s temporary stay against it is upheld, it could be headed to the Supreme Court.

ate Monday, a federal district judge in Texasissued a temporary injunction that bars the Obama administration from proceeding with the president’s unilateral decree of effective amnesty for millions of illegal aliens.

To be clear, the order issued by Judge Andrew Hanen of the U.S. court for the southern district of Texas in Brownsville is a temporary stay. It is not a ruling on the merits of the lawsuit brought by 26 states that claim they will suffer profound financial and other damage from the president’s lawless executive action — an action that Obama himself many times conceded would be lawless before he finally took it late last year.

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Today, the Justice Department will seek an emergency order from the Fifth Circuit U.S. Court of Appeals to block Judge Hanen’s injunction. There is a good chance the Justice Department will succeed, at least temporarily. If the Fifth Circuit blocks the injunction, that, too, would not be a ruling on the merits of the case. It would just mean a return to the status quo that allows Obama to proceed with the implementation of his amnesty decree.

I imagine we will know by late this afternoon whether the Fifth Circuit will set aside the district court’s injunction.

Judge Hanen’s order would temporarily prevent the Obama administration from implementing the executive action — in particular, the issuance of positive legal benefits, like work permits, for illegal aliens despite the lack of statutory authorization. The stay would also allow Judge Hanen a chance to issue a final ruling on the merits of the case. Again, he has not at this point conclusively ruled that Obama’s executive amnesty violates the Constitution or other federal law.

To justify issuing the stay, however, he had to decide that the states that brought the lawsuit had demonstrated a likelihood of success on the merits. That is, in Hanen’s judgment, they have shown that they probably (1) have standing to sue, (2) will show that Obama violated the law, and (3) will suffer concrete harm from the violation (particularly economic harm).

The big question in the case is standing: Is the case properly brought by the states? If the Fifth Circuit, on an emergency appeal of the stay by the Justice Department, decides there is a likelihood that the states do not have standing, then it will vacate Judge Hanen’s stay. The appellate court could find a probability that standing is lacking because, for example, federal jurisprudence holds that immigration is mainly a federal responsibility, or because the harm the states say they will suffer from the executive amnesty is too speculative. (Again, note that we are talking about “likelihood” and “probability” here because these are preliminary, predictive determinations. The case has not been fully presented and ruled upon at this point.)

If the Fifth Circuit were to vacate the stay, that, again, would not be a ruling on the merits of the case. It would simply revert matters to where they stood before Judge Hanen’s order on Monday, meaning the administration could move ahead with its plans while we await a final ruling on the merits from Judge Hanen.

If, on the Justice Department’s emergency appeal, the Fifth Circuit were to decline to disturb Judge Hanen’s stay, there are at least three possibilities: (1) the Justice Department could appeal Judge Hanen’s stay to the Supreme Court; (2) the administration could accept the decision and hold off implementation of the executive order while waiting for Judge Hanen to issue a final ruling (which, all signs indicate, will go against the president); or (3) the president could do what he often does with statutes and court decisions that interfere with his agenda: simply ignore the judicial stay and begin implementing his amnesty decree.

I would bet on (1), an appeal to the Supreme Court. I do believe that Obama is inclined to (3), the lawless route, if all else fails. Obviously, however, the president would rather win in court if he can. That necessitates moving ahead with the judicial process while there are still rounds to play. The administration has a decent chance of getting the stay vacated in either the Fifth Circuit or the Supreme Court. Even if that fails, and Judge Hanen, as expected, renders a final decision against the president, the administration has a decent shot at getting such a ruling reversed by the Fifth Circuit or the Supreme Court. I expect the president to play this out. It may take many months, at least, and during that time there is a reasonable chance that some tribunal will lift the stay and allow him to begin implementing the amnesty pending a final appellate ruling on the merits.

This underscores what I have beenarguing for some time. The courts are a very unlikely avenue for checking presidential lawlessness. The proper constitutional way to check the president’s executive order is for Congress to deny the funding needed to implement it. That is what Republicans in the House have done, by fully funding the lawful activities of the Department of Homeland Security (DHS) but denying the funding for the unlawful executive amnesty. Democrats are blocking that legislation in the Senate, in the hope that, as the budget deadline approaches, the pro-Obama press (with regrettable help from George Will and Senator John McCain, among others) will convince the country that it is somehow the Republicans who are “shutting down” DHS.

On that score, I will briefly repeat what I’ve contended before:

The fact that politicians hang a sign that says “Homeland Security” on a dysfunctional bureaucratic sprawl does not mean that denying funds to that bureaucracy would harm actual homeland security in any material way.

We have a DHS only because of typical Beltway overreaction to a crisis — the need to be seen as “doing something” in response to public anger over the government’s misfeasance prior to the 9/11 attacks.

Homeland security in the United States is more than adequately provided for by the hundreds of billions of dollars that continue to be spent each year — and that Congress has already approved for this year — on the Justice Department, the FBI, the 17-agency intelligence community, the armed forces, and state and local police forces.

We did not have a DHS before 2003, and if it disappeared tomorrow, no one would miss it.

The agencies in DHS that actually contribute to protection of the homeland could easily be absorbed by other government departments (where they were housed before DHS’s creation).

Under Obama, the immigration law-enforcement components of DHS are not enforcing the immigration laws. Why should taxpayers expend billions of dollars on agencies that do not fulfill, and under this president have no intention of fulfilling, the mission that is the rationale for the funding?

In any event, as we await the next round in the courts, the speedy and certain way to stop a lawless president is to deny him the money he needs to carry out his designs.

http://www.nationalreview.com/article/398755/obamas-amnesty-hits-legal-roadblock-andrew-c-mccarthy/page/0/1

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 414-419

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Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

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Senate Democrats Block Debate and Funding For Department of Homeland Security and Aid and Abet 30-50 Million Illegal Aliens In U.S. Getting Legal Status — Work Permits and Green Cards — Obama’s Illegal and Unconstitutional Actions — Open Borders For Islamic Jihadist Terrorist — Lead, Follow or Get Out of The Way — Videos

Posted on February 21, 2015. Filed under: American History, Blogroll, Business, College, Communications, Constitution, Corruption, Crime, Crisis, Documentary, Education, Employment, Family, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Fraud, Freedom, government, government spending, history, Illegal, Immigration, Islam, Law, Legal, liberty, Life, Links, Literacy, media, People, Philosophy, Politics, Press, Radio, Raves, Regulations, Talk Radio, Tax Policy, Terrorism, Unemployment, Unions, Video, War, Wealth, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Story 1: Senate Democrats Block Debate and Funding For Department of Homeland Security and  Aid and Abet  30-50 Million Illegal Aliens In U.S. Getting Legal Status — Work Permits and Green Cards — Obama’s Illegal and Unconstitutional Actions — Open Borders For Islamic Jihadist Terrorist — Lead, Follow or Get Out of The Way — Videos

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POWER PLAY: IMMIGRATION IMPASSE

House Speaker John Boehner on Fox News Sunday

Gowdy Opening Statement at Immigration Enforcement Hearing

Gowdy Opening Statement at Immigration Enforcement and Asylum Reform Hearing

House GOP Ratchets Up Pressure on Immigration Enforcement

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS

How Many Illegal Aliens Are in the US? – Walsh – 2

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS

Immigration by the Numbers — Off the Charts

A startling look at how U.S. immigration will add 300 million people to the country this century if immigration policies are not changed. This dramatic presentation of the latest Census data raises serious immigration questions about the ability of the country to achieve environmental sustainability and to meet the quality-of-life infrastructure needs of the national community considering current immigration policy.

Presented by immigration author/journalist Roy Beck

Learn More http://www.NumbersUSA.org
NumbersUSA Education & Research Foundation is a non-profit, non-partisan organization that favors an environmentally sustainable and economically just America and seeks to educate the public about the effects of high levels of immigration on U.S. overpopulation, the environment, jobs, and wages. We use government data to conduct research on the impacts of U.S. population growth, consumption, sprawl, and current levels of immigration and educate the public, opinion leaders and policy makers on the results of those and other studies.

John Boehner blames Senate Dems for blocking DHS funding

Speaker John Boehner says the House has done its job in passing a bill to fund the Department of Homeland Security, and it’s Senate Democrats’ fault if the department runs out of money at the end of the month. And, he makes clear, he’s prepared to let that happen.

If funding runs out, the Ohio Republican said, “Well, then, Senate Democrats should be to blame. Very simple.”

“The House has acted. We’ve done our job. Senate Democrats are the ones putting us in this precarious position, and it’s up to Senate Democrats to get their act together,” Boehner told Chris Wallace in an interview aired on “Fox News Sunday.”

When pressed, the speaker strongly reiterated his position.

“Chris! Chris! One more time. The House has done its job under the Constitution,” Boehner said, echoing many earlier comments. “It’s time for the Senate to do their job. Listen, I’ve got a tough job here. So does Senator [Mitch] McConnell. But Senate Democrats are the ones jeopardizing funding. Why don’t they get on the bill and offer an amendment, offer their ideas.”

Senate Democrats have filibustered efforts to pass the $40 billion DHS funding bill, which so far lacks the 60 votes needed to proceed in the Senate. At issue are Republican efforts to block funding of President Barack Obama’s immigration executive actions.

“The House has acted to fund the department and to stop the president’s overreach when it comes to immigration and his executive orders,” Boehner said. “The president said 22 times that he did not have the authority to do what he eventually did. And the Congress just can’t sit by and let the president defy the Constitution and defy his own oath of office. And so the House acted. Now it’s time for the Senate to act.”

“The Senate Democrats are blocking the ability to even debate the bill,” he said. “It’s their turn, that’s the way the system works. That’s the way the Constitution spells it out.”

http://www.politico.com/story/2015/02/john-boehner-blames-senate-dems-for-blocking-dhs-funding-115209.html

HOUSE REPUBLICANS URGE SENATE DEMOCRATS TO ALLOW DEBATE ON DHS FUNDING BILL

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), along with 169 other House Republicans, sent a letter to Senate Minority Leader Harry Reid (D-Nev.) last week urging him to stop obstructing debate on the Department of Homeland Security spending bill that would also block the funding of President Obama’s executive amnesties. In the letter, they charged that Senate Democrats are choosing to defend President Obama’s unconstitutional actions by not even allowing debate of the bill.

“Why are they so afraid to debate this bill,” Rep. Goodlatte wrote. “Senate Democrats would rather stifle free speech on the Senate floor than debate a bill they know is supported by the American people.”

The letter also notes that, in not allowing the bill to move forward, Sen. Reid is shielding Senate Democrats, many of whom have publicly opposed the president’s move to unilaterally grant amnesty and work permits to millions of illegal aliens, “from voting on the substance of the House-passed bill.”

The letter reads as follows:

Dear Minority Leader Reid,

We write to express our strong concern that Senate Democrats are blocking debate on a critical bill that would fund the Department of Homeland Security’s operations for Fiscal Year 2015 and defund unconstitutional programs created unilaterally by President Obama.

Three times, you and other members of your caucus have prevented even a debate of the House-passed Department of Homeland Security Appropriations bill. While we understand that you and many of your Democrat colleagues are opposed to the provisions in the House-passed bill that would defund President Obama’s effective rewriting of our immigration laws, you should at least support debating the merits of such an important funding bill and offer amendments to the provisions you wish to change.

However, you have repeatedly obstructed even debating this bill in order to protect President Obama’s unconstitutional acts and shield Senators of your party – many of whom have publicly stated that they oppose the President’s unilateral actions – from voting on the substance of the House-passed bill. It is utterly appalling that you and other Senate Democrats believe that protecting the President’s unconstitutional actions is more important than funding a Department tasked with keeping Americans safe.

By preventing the Senate from taking up the House-passed bill, you are also denying the American people a fair debate on this issue. And a fair debate is what the American people want – they fundamentally disagree with President Obama’s actions and believe that he has unlawfully acted alone. For example, a Washington Post/ABC News poll last month found that 57% of registered voters believe that President Obama’s grant of deferred action should be blocked.

President Obama’s actions are tilting the scales of our government in the executive’s favor, threatening to unravel our system of checks and balances and imperiling all our liberties. The House of Representatives has acted decisively to defend the Constitution from this clear and present danger by voting to defund the president’s executive actions. For the sake of our nation, our two bodies must stand together on a bipartisan basis. But in order to do this, the Senate Democrat caucus must cease to play politics with the Constitution. You must end your filibuster of the House-passed bill and allow it to proceed to the floor for consideration. History will record our actions and how we honor the trust placed in all of us by the American people.

(A list of signees is below.)

The Senate has voted, unsuccessfully, three times to begin debate of the bill after the House passed its version on January 14. Current DHS funding is set to expire on February 27, but most DHS employees, deemed as essential workers, would still be required to work.

The signed letter can be found here

https://www.numbersusa.com/news/house-republicans-urge-senate-democrats-allow-debate-dhs-funding-bill

 

FY 2014 ICE Immigration Removals

This report summarizes U.S. Immigration and Customs Enforcement’s (ICE) Fiscal Year (FY) 2014 civil immigration enforcement and removal operations. ICE shares responsibility for enforcing the Nation’s civil immigration laws with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). In executing its enforcement duties, ICE focuses on two core missions: (1) identifying and apprehending public safety threats—including criminal aliens and national security targets—and other removable individuals within the United States; and (2) detaining and removing individuals apprehended by ICE and CBP officers and agents patrolling our Nation’s borders.

Each year, ICE immigration enforcement is impacted by operational factors, including the size of the removable population found in the interior and encountered at the border by CBP, appropriated resources, fluctuating migration patterns, and the legal authorities that govern ICE’s activities. In 2014, each of these factors affected ICE operations and contributed to the number of ICE’s FY 2014 removals, which was 315,943, down from 368,644 in FY 2013. This report sets forth and analyzes ICE’s FY 2014 immigration enforcement statistics:

In FY 2014:

  • ICE conducted 315,943 removals.
  • ICE conducted 102,224 removals of individuals apprehended in the interior of the United States.
    • 86,923 (85 percent) of all interior removals involved individuals previously convicted of a crime.
  • ICE conducted 213,719 removals of individuals apprehended while attempting to unlawfully enter the United States. 4
  • 56 percent of all ICE removals, or 177,960, involved individuals who were previously convicted of a crime.
    • ICE apprehended and removed 86,923 criminals from the interior of the U.S.
    • ICE removed 91,037 criminals apprehended while attempting to unlawfully enter the United States.
  • 98 percent of all ICE FY 2014 removals, or 309,477, clearly met one or more of ICE’s stated civil immigration enforcement priorities.5
  • Of the 137,983 individuals removed who had no criminal conviction, 89 percent, or 122,682, were apprehended at or near the border while attempting to unlawfully enter the country.6
  • The leading countries of origin for removals were Mexico, Guatemala, Honduras, and El Salvador.
  • 2,802 individuals removed by ICE were classified as suspected or confirmed gang members.7

Definitions of Key Terms

Border Removal: An individual removed by ICE who is apprehended while attempting to illicitly enter the United States at or between the ports of entry by a CBP officer or agent. These individuals are also referred to as recent border crossers.

Criminal Offender: An individual convicted in the United States for one or more criminal offenses. This does not include civil traffic offenses.

Immigration Fugitives: An individual who has failed to leave the United States based upon a final order of removal, deportation or exclusion, or who has failed to report to ICE after receiving notice to do so.

Interior Removal: An individual removed by ICE who is identified or apprehended in the United States by an ICE officer or agent. This category excludes those apprehended at the immediate border while attempting to unlawfully enter the United States.

Other Removable Alien: An individual who is not confirmed to be a convicted criminal, recent border crosser or fall under another ICE civil enforcement priority category. This category may include individuals removed on national security grounds or for general immigration violations.

Previously Removed Alien: An individual previously removed or returned who has re-entered the country illegally again.

Reinstatement of Final Removal Order: The removal of an alien based on the reinstatement of a prior removal order, where the alien departed the United States under an order of removal and illegally reentered the United States [INA § 241(a)(5)]. The alien may be removed without a hearing before an immigration court.

Removal: The compulsory and confirmed movement of an inadmissible or deportable alien out of the United States based on an order of removal. An individual who is removed may have administrative or criminal consequences placed on subsequent reentry owing to the fact of the removal.

 

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4 Approximately 96 percent of these individuals were apprehended by CBP Border Patrol agents and then processed, detained, and removed by ICE. The remaining individuals were apprehended by CBP officers at ports of entry.

5 As defined in the March 2011 ICE Memorandum: Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens.

6 ICE defines criminality via a recorded criminal conviction obtained by ICE officers and agents from certified criminal history repositories. These individuals include recent border crossers, immigration fugitives, and repeat immigration violators.

7  Gang affiliation is documented as part of the intake process in the Risk Classification Assessment (RCA).

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 414-418

Listen To Pronk Pops Podcast or Download Show 408-413

Listen To Pronk Pops Podcast or Download Show 400-407

Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

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Attorney General Nominee Loretta Lynch Says Illegal Aliens Have A Right To Work in America — No They Do Not — They Should Be Deported — It Is The Law — Vote Against Nominee — Who Broke The Immigration System By Not Enforcing The Law — Presidents Bush and Obama — Videos

Posted on January 28, 2015. Filed under: American History, Blogroll, Business, College, Communications, Computers, Constitution, Corruption, Crime, Drug Cartels, Economics, Education, Employment, Federal Government, Fraud, Freedom, government, government spending, history, Homicide, Inflation, Investments, Islam, Language, Law, liberty, Life, People, Philosophy, Politics, Press, Raves, Strategy, Talk Radio, Taxes, Unemployment, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Pronk Pops Show 361: October 31, 2014

Pronk Pops Show 360: October 30, 2014

Pronk Pops Show 359: October 29, 2014

Pronk Pops Show 358: October 28, 2014

Pronk Pops Show 357: October 27, 2014

Pronk Pops Show 356: October 24, 2014

Pronk Pops Show 355: October 23, 2014

Pronk Pops Show 354: October 22, 2014

Pronk Pops Show 353: October 21, 2014

Pronk Pops Show 352: October 20, 2014

Pronk Pops Show 351: October 17, 2014

Pronk Pops Show 350: October 16, 2014

Pronk Pops Show 349: October 15, 2014

Pronk Pops Show 348: October 14, 2014

Pronk Pops Show 347: October 13, 2014

Pronk Pops Show 346: October 9, 2014

Pronk Pops Show 345: October 8, 2014

Pronk Pops Show 344: October 6, 2014

Pronk Pops Show 343: October 3, 2014

Pronk Pops Show 342: October 2, 2014

Pronk Pops Show 341: October 1, 2014

Story 1: Attorney General Nominee Loretta Lynch Says Illegal Aliens Have A Right To Work in America — No They Do Not — They Should Be Deported — It Is The Law — Vote Against Nominee — Who Broke The Immigration System By Not Enforcing The Law — Presidents Bush and Obama — Videos

Justice Department Officials Announce Charges Against HSBC

AG Nominee: ‘Right To Work Is Shared By Everyone In This Country Regardless’ Of Immigration Status

Senator Sessions, Chairman of the Senate Immigration Subcommittee, questioned Attorney General Nominee Loretta Lynch at today’s Judiciary hearing to consider her nomination. Sessions asked Lynch about the President’s decision to bypass Congress to order an amnesty, and how this action undermined the rights of disadvantaged American workers.

In addition to suspending enforcement for nearly all of the 12 million individuals unlawfully present in the United States, President Obama issue an executive decree on November 20th, 2014, extending work permits, Social Security, Medicare, tax credits, and government identification to 5 million illegal immigrants and illegal visa violators. This would allow illegal immigrants to take any job in America, regardless of chronic high unemployment for Americans—including a 10.4 percent unemployment rate for African-American workers. Peter Kirsanow, a member of the U.S. Commission on Civil Rights, explained—contra AG Holder’s “breathtaking” contention that amnesty was a civil right—that unlawful amnesty for illegal immigrants violated the rights of U.S. citizens to the full protection of their laws, including those laws passed by Congress to protect their jobs and wages from illegal competition. The President’s executive edict (an edict he said previously only an Emperor would deign to issue) voids Americans’ legal protections in law, supplanting them with a new executive policy that Congress and voters have rejected, a policy which forces unemployed Americans to compete against a large and growing illegal workforce.

Senator Sessions Attorney General Comfirmation Hearing jan 28 2015

Sen. Ted Cruz Second Q&A with Attorney General Nominee Loretta Lynch

Sen. Ted Cruz Third Q&A with Attorney General Nominee Loretta Lynch

AG Nominee Lynch: Obama’s Executive Action Did Not Provide Amnesty for Illegal Immigrants

Loretta Lynch, attorney general nominee, defends migrant policy

Loretta Lynch on Waterboarding: “It Is Torture And Illegal”

Attorney General nominee Loretta Lynch on Obama’s comments about marijuana

Lee questions Loretta Lynch on Prosecutorial Discretion, Operation Chokepoint, and Asset Forfeiture

Graham Questions U.S. Attorney General Nominee Loretta Lynch During Confirmation Hearing

Obama’s New Attorney General Nominee Loretta Lynch Hearing, Day 1, Part 1

AG Nominee Loretta Lynch Testifies Before Senate Judiciary Committee

Sen. Sessions Blasts President Obama’s Executive Immigration Order

The Problems with Loretta Lynch

Obama’s New Placeholder: Loretta Lynch

Brooklyn U.S. Attorney Loretta Lynch Picked As Attorney General Nominee

Megyn Kelly: Loretta Lynch Should Be ‘Most Acceptable’ AG Choice for GOP

Opening Statement from Attorney General Nominee Loretta Lynch (C-SPAN)

Speaker John Boehner on Executive Action on Immigration (C-SPAN)

24+ States File Lawsuit Against Obama’s Executive Amnesty

Up to December 10 a total of 24 States have Filed a Lawsuit Against Obama’s Executive Amnesty. Expect the number of states joining this lawsuit to rise over the next weeks. Originally 18 states, led by Texas, filed a lawsuit with the U.S. District Court in the Southern District of Texas challenging President Obama’s executive action on immigration. The suit claims that the White House overstepped its authority by granting amnesty and work permits for 5 million illegal aliens.
After filing the federal suit, Texas Attorney General and Governor-elect Greg Abbott wrote in a statement that President Obama’s executive amnesty “tramples the U.S. Constitution’s Take Care Clause and federal law.”
Also included in Attorney General Abbott’s statement were the states’ legal challenges to President Obama’s executive action:
• The executive action on immigration conflicts with the President’s constitutional duty to “take Care that the Laws be faithfully executed.” The Take Care Clause limits the scope of presidential power and ensures that the chief executive will uphold and enforce Congress’s laws – not unilaterally rewrite them under the cover of “prosecutorial discretion.”
• The DHS Directive failed to comply with the Administrative Procedure Act’s required notice and comment rulemaking process before providing that legal benefits like federal work permits, Medicare, and Social Security be awarded to individuals who are openly violating immigration laws.
• The executive action to dispense with federal immigration law will exacerbate the humanitarian crisis along the southern border, which will affect increased state investment in law enforcement, health care and education.
The other states involved in the suit include: Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.
UPDATE: Arizona has joined the lawsuit. In a statement, Arizona Governor Jan Brewer said, “Obama has exceeded his power as clearly defined in the United States Constitution and federal law and deliberately ignored the will of the American people. Such federal overreach cannot stand.”
Florida has joined the lawsuit. In a statement, Florida Attorney General Pam Bondi said, “The President repeatedly said he would not violate the law, then decided to do just that. The powers granted to the President are expressly laid out in the United States Constitution, yet President Obama has decided to ignore those parameters.”
As of December 10, Arkansas, Michigan, North Dakota, Ohio and Oklahoma have also joined the lawsuit.

The governors’ claim is in a 75-page document filed in a Texas federal district court that states “This lawsuit is not about immigration. It is about the rule of law, presidential power and the structural limits of the U.S. Constitution.” President Obama’s unilateral immigration action, which was presented November 20, would allow for work permits and tentative status to nearly five million illegal immigrants, and would protect many others from deportation. However, those not included would not have the same legal standing as the five million officially granted the amnesty.
The governors have said that their reasoning for suing is due to the cost and responsibility that comes with allowing five million people to stay. Their state taxpayers would be required to pay for the expenses entailed with schooling, health care, and police to handle a sudden influx of illegal border crossings. Texas is joined in the lawsuit by the states Alabama, Georgia, North
Carolina, South Carolina, Mississippi, Louisiana, West Virginia, Maine, Nebraska, Kansas, Idaho, Indiana, Montana, Utah, Wisconsin and South Dakota. Attorney General Greg Abbot of Texas leads the charge of spurring lawsuits against immigration amnesty by President Obama. Mr. Abbot has challenged the Obama administration 31 times and this will be his 34th against the federal government. This current lawsuit is being utilized by Republicans as a temporary method to stall President Obama’s amnesty action through the courts.

Jay Sekulow on Fox News: Resetting Obama’s Executive Power

Graham Questions U.S. Attorney General Nominee Loretta Lynch During Confirmation Hearing

Will Loretta Lynch Be Confirmed As Attorney General?

Federal Judge Rules Obama’s Immigration Orders Unconstitutional • Hannity • 12/17/14

December 17th, 2014 • A Federal Judge has ruled that President Obama’s executive actions on immigration are unconstitutional and a violation of the separation of powers clause. Constitutional Law Professor Jonathan Turley examines the ruling with Fox News host Sean Hannity.

Rep. Gowdy’s Floor Speech on Stopping Executive Action on Immigration

Cornyn: Executive Action on Immigration an Unconstitutional Abuse of Power

Is Obama’s executive action on immigration legal?

Gowdy: ‘President Obama is wrong’ on immigration executive action

Brooks and Marcus on immigration executive action precedent

Obama Immigration Reform 2014 Speech: Announcing Executive Action [FULL] Today on November 20th

Weekly Address: Immigration Accountability Executive Action

Cato Connects: Executive Action on Immigration

[FULL] Stewart Jabs Obama for Going All ‘Emperor’ on Immigration Action

 

26 states suing Obama over immigration executive action as Boehner plans his own legal action

It appears the majority of states believe President Obama’s executive action on immigration to be illegal.

A grand total of 26 states have joined a lawsuit led by Texas against Obama for the executive action he announced last November, according to the Huffington Post.

The suit was filed in December and, as of Monday, has gained the support of more half the states in the country.

“The momentum against the president’s lawlessness continues to build with Tennessee and Nevada joining the effort to protect our states from the economic and public safety implications of illegal amnesty,” explained Texas Attorney General Ken Paxton Monday. “As President Obama himself has said numerous times, he lacks the authority to impose amnesty. His actions represent a blatant case of overreach and clear abuse of power.”

Some states — 12 in addition to Washington, D.C., to be precise — have alternatively expressed their support of Obama’s executive action by filing an amicus brief. A group of 30 mayors have done the same.

However, the president certainly does not have the support of the Republican-led Congress on the issue. In fact, House Speaker John Boehner (R-Ohio) told GOP members of the House Tuesday that the government body will also pursue a lawsuit against Obama over his immigration action, as reports CNN.

“We are finalizing a plan to authorize litigation on this issue — one we believe gives us the best chance of success,” he reportedly said, according to a source.

This comes just months after the House filed a suit against the president over his executive action on Obamacare, which was itself seen by many as the House GOP’s response to Obama’s immigration announcement in November.

The 26 states that have joined in the immigration lawsuit are as follows: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.

http://redalertpolitics.com/2015/01/27/26-states-suing-obama-immigration-executive-action-boehner-plans-legal-action/Lynch defends Obama’s immigration policies

 

 

By ERICA WERNER and ERIC TUCKER

 

WASHINGTON (AP) — Challenged by Republicans, Attorney General nominee Loretta Lynch on Wednesday defended President Barack Obama’s decision to shelter millions of immigrants from deportation though they live in the country illegally.

She said that under the administration’s policy, the Department of Homeland Security is focusing its efforts on the removal of “the most dangerous of the undocumented immigrants among us.”

“It seems to be a reasonable way to marshal limited resources to deal with the problem” of illegal immigration, she said.

Lynch made her remarks in the opening moments of a hearing into her appointment as the nation’s first black female attorney general. It is the first confirmation proceeding since Republicans took control of the Senate this month.

Lynch, a daughter of the segregated South, was accompanied at the hearing by about 30 family members and friends. Among them were her father, who is a retired minister, her husband and several members of her college sorority, Delta Sigma Theta, wearing their trademark red.Settling into the witness chair for what promised to be a long day of questioning, Lynch promised a fresh relationship with law enforcement and with Congress.

“I pledge to all of you and to the American people that I will fulfill my responsibilities with integrity and independence,” she said in remarks prepared for the panel led by Republicans who say Attorney General Eric Holder has been too willing to follow President Barack Obama’s political agenda.

Sen. Charles Grassley, the Iowa Republican and committee chairman, said as much in the opening moments of the hearing. He said the department is “deeply politicized. But that’s what happens when the attorney general of the United States views himself, in his own words, as the president’s ‘wingman.'”

Grassley did not press further after Lynch offered her defense of Obama’s immigration policies, even though he said they amount to rewriting the law rather than enforcing it.

Lynch, the U.S. attorney for the Eastern District of New York, is widely expected to win confirmation easily, if only because Republicans are so eager for Holder’s tenure to end. He has been a lightning rod for conservative criticism, clashing with Republicans and becoming the first sitting attorney general held in contempt of Congress.In testimony delivered before she was questioned, Lynch said that if confirmed she would focus on combatting terrorism and cybercrime and would protect the vulnerable from criminal predators.

And she was at pains to promise what Republican critics demanded in advance.

“I look forward to fostering a new and improved relationship with this committee, the United States Senate and the entire United States Congress, a relationship based on mutual respect and constitutional balance,” she said.

Holder also battled the perception from critics that he aligned himself more with protesters of police violence than with members of law enforcement, a charge he and the Justice Department have strongly denied — but one that resonated in the aftermath of high-profile deaths of black men at the hands of white police officers.

In her prepared testimony, Lynch promised a fresh start in that relationship, too.“Few things have pained me more than the recent reports of tension and division between law enforcement and the communities we serve,” Lynch said, pledging to “work to strengthen the vital relationships” if confirmed.

Lynch already has earned praise from several GOP senators for her impressive credentials and accomplishments. But she faced tough questions from Republicans who now control the Senate.

“She certainly has the credentials. We don’t want a repeat of what we had,” said Sen. Orrin Hatch, R-Utah, a senior committee member. “I look upon her as a pretty good appointment, but I have to listen along with everybody else.”

In answer to a question from Hatch, she said Wednesday, “Every lawyer has to be independent, the attorney general even more so, and I pledge to you that I take that independence seriously.”

The Judiciary Committee includes some of the Senate’s most outspoken Republicans, among them Sen. Ted Cruz of Texas, a potential presidential candidate who promised to quiz Lynch on Obama’s executive actions on immigration that granted reprieves from deportation to millions.

“We need an attorney general who will stop being a partisan attack dog and instead get back to the traditions of upholding the Constitution and the law in a fair and impartial manner,” Cruz said.

Lynch’s hearing comes amid a nationwide spotlight on police tactics in the wake of deaths of black men at the hands of white police officers, as well as the slaying last month of two officers in New York City. It’s an issue Lynch, 55, is deeply familiar with.

Lynch helped prosecute the New York City police officers who severely beat and sexually assaulted Haitian immigrant Abner Louima in 1997. Her office in New York is currently leading a civil rights investigation into the police chokehold death of Eric Garner in Staten Island last summer.

Lynch has been the top prosecutor since 2010 for a district that includes Brooklyn, Queens, Staten Island and Long Island, a role she also held from 1999 to 2001.

Lynch grew up with humble beginnings in North Carolina, the daughter of a school librarian and a Baptist minister. She received undergraduate and law degrees from Harvard University. testimony.

http://apnews.myway.com/article/20150128/us–senate-attorney_general-4e5eabfaf6.html

 

Govt tells agents to ID which immigrants not to deport

By ALICIA A. CALDWELL

WASHINGTON (AP) — The Obama administration has ordered immigration agents to ask immigrants they encounter living in the country illegally whether they might qualify under President Barack Obama’s plans to avoid deporting them, according to internal training materials obtained by The Associated Press.

Agents also have been told to review government files to identify any jailed immigrants they might be able to release under the program.

The directives from the Homeland Security Department mark an unusual change for U.S. immigration enforcement, placing the obligation on the government for identifying immigrants who might qualify for lenient treatment. Previously, it was the responsibility of immigrants or their lawyers to assert that they might qualify under rules that could keep them out of jail and inside the United States.

It’s akin to the Internal Revenue Service calling taxpayers to recommend they should have used certain exemptions or deductions.

The training materials apply to agents for Customs and Border Protection and Immigration and Customs Enforcement. They instruct agents “to immediately begin identifying persons in their custody, as well as newly encountered persons” who may be eligible for protection from deportation.One training document includes scenarios describing encounters between agents and immigrants with guidance about how agents should proceed, with a checklist of questions to determine whether immigrants might qualify under the president’s plans. ICE officials earlier began releasing immigrants who qualified for leniency from federal immigration jails.

Obama in November announced a program to allow roughly 4 million parents of U.S. citizens and legal permanent residents to apply for permission to stay in the country for up to three years and get a work permit. The program mirrors one announced in 2012 that provides protection from deportation for young immigrants brought to the country as children.

A spokesman for Customs and Border Protection, Carlos Diaz, said immigrants caught crossing the border illegally remain a top priority for the agency. The training documents for border agents, he said, “provide clear guidance on immigration enforcement operations so that both time and resources are allocated appropriately.”

Crystal Williams, executive director for the American Immigration Lawyers Association in Washington, said the training will help filter people the government said should not be a priority anyway. She said the training marked the first she has heard of officers being directed to screen immigrants for potential leniency before they were arrested.

“Just because it’s a change doesn’t mean it’s anything particularly radical,” Williams said.Rep. Luis Gutierrez, an Illinois Democrat and vocal supporter of Obama’s immigration plans, said having CBP officers screen immigrants out of the deportation line lets the government “move criminals and recent arrivals to the front of the deportation line. The emphasis now is on who should be deported first, not just who can be deported.”

A former deputy assistant attorney general in the Justice Department, John Malcolm, said the new instructions limit immigration agents.

“Agents are being discouraged away from anything other than a cursory view” of an immigrant’s status and qualification for leniency, said Malcolm, who works as a senior legal fellow at the conservative Heritage Foundation think tank in Washington.

Under Obama’s plans, the government is focused on deporting immigrants with serious criminal records or who otherwise pose a threat to national security or public safety. For the most part, under the new policy, immigrants whose only offense is being in the country without permission aren’t supposed to be a priority for immigration officers.

While the administration has estimated that as many as 4 million people will be eligible for protection from deportation, the Congressional Budget Office estimated about 2 million to 2.5 million immigrants are expected to be approved for the program by 2017. As many as 1.7 million young immigrants were estimated to be eligible for the Deferred Action for Childhood Arrivals program, but since its 2012 creation only about 610,000 people have successfully signed up.

http://apnews.myway.com/article/20150128/us–immigration_overload-a135fed8ce.htm
l

 

Three things that are illegal about Obama’s immigration plan

It’s official. By executive fiat, President Obama will grant amnesty to up to 5 million immigrants living illegally in the United States.

How did we get here? Didn’t the president say, even last year, that he couldn’t, and wouldn’t take executive action on immigration?

If Obama ever finds himself in a court of law, he would surely be advised to invoke the Fifth Amendment. He is prone to contradiction and tends to be a good witness against himself.

President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty.

Consider his self-incriminating statements on immigration and executive powers. A year ago, when asked if he had the authority to end deportations of illegal aliens he said, “Actually, I don’t.” Three years earlier, when pressed as to why he could not act on his own on immigration he said, “The notion that somehow I can just change the laws unilaterally is just not true.”

Well, now the president says it is true — he can alter the laws unilaterally. Why the metamorphosis? What changed? The law and the Constitution are still the same. Which leaves Obama. When it comes to the truth, inconvenient or otherwise, he is a chameleon like no other politician. He never hesitates to contradict himself, conjuring a new breadth of hypocrisy.

President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty.

There is a difference. A determination not to act is, by itself, a deliberate act. This is how the framers constructed our system of government. Congress considers and debates a great many bills. Not all of them pass. This is not “failure” in the conventional sense, but decision by declination. It constitutes a prudent and calculated process.

But the president uses this contrived “failure” as a pretext to arrogate the authority of another branch of government. He wields his pen to legislate by executive decree. He well knows he is exceeding his power. In 2011, he said, “I know some people want me to bypass Congress and change the (immigration) on my own. But that‘s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.” He was right. It was a rare moment of clarity for a man who fancies himself a constitutional scholar.

Now, however, by granting legal status to roughly half the nation’s population of illegal immigrants, Obama is twisting the law, ignoring the Constitution, and forsaking his primary responsibility as chief executive. For years, he argued publicly it would be unconstitutional for him to take such action because he said, “I’m president, I’m not king.” Apparently, he now favors a crown on his noggin. In truth, he is king of self-confutation, negating himself with his own words.

Recently, when asked why he disagreed with himself, the president insisted, “Well, actually, my position hasn’t changed”. After the laughter died down, the Washington Post Fact Checker gave Obama an upside-down Pinocchio for his tortured denial of a blatant flip-flop.

The president’s executive action to legalize illegals by nullifying existing law, constitutes a stunning abuse of office: usurping the power of Congress, while abdicating his duty to uphold and enforce the laws. Here are three ways this is happening:

1. Distorting Prosecutorial Discretion 

President Obama claims he is entitled to overhaul immigration laws in the name of  “prosecutorial discretion.” It is one of those wonderfully fungible phrases in the law. Elastic because it is vague and ambiguous. Useful because it can be easily abused. Mr. Obama has appropriated this doctrine to argue he has near boundless discretion to amend, revise, waive or suspend the execution of immigration laws. As chief executive, he is empowering himself to decide what laws may be enforced or ignored and what persons may come or go across our southern border irrespective of what the law actually states.

In past decisions, the U.S. Supreme Court has cautioned the executive branch that its prosecutorial discretion, while broad, is not “unfettered.” It is subject to restrictions. The doctrine may not be used to adopt a sweeping policy of non-enforcement of the law. It applies only to decisions not to prosecute or expelspecific individuals or small groups of people, typically for exigent reasons like war, civil unrest or political persecution.

By contrast, President Obama is bestowing a wholesale, blanket amnesty for an entire class of nearly 5 million people. He is doing so not for the reasons allowed by law, but for purposes that appear to be purely political. This is a flagrant abuse of prosecutorial discretion. His expansive action exceeds his authority in ways that none of his predecessors ever envisioned. And it is a radical departure from any of the executive actions issued by previous presidents.

It is true that President Ronald Reagan utilized executive action in 1987 to grant a limited deportation reprieve to certain spouses and young children of immigrants. But his action was a logical and direct extension of, not a departure from, an existing amnesty law Congress had already passed. His exemption and a subsequent extension by his successor, President George H. W. Bush, were later incorporated into a new law passed by Congress. The point is instructive. The actions by Reagan and Bush are not a supporting precedent for Mr. Obama, but an important limiting principle of presidential authority.

However, President Obama has commandeered this elastic doctrine of prosecutorial discretion and stretched or manipulated it beyond all recognition and reason. It has become his political Gumby toy with which he exerts his will whenever he fails to get his way with Congress. He contorts the word “discretion” to adopt a capacious policy — his own policy — to ban full enforcement of a duly enacted immigration statute. He treats the doctrine as a magical incantation shielding his arbitrariness.

2. Usurping Legislative Authority

Our Constitution clearly delineates a separation of powers. Congress is vested with writing laws and the President is charged with executing those laws. This is especially true when it comes to immigration.

At the end of the 19th century, the Supreme Court declared that Congress had “plenary power” (meaning full and complete) to regulate immigration. Derived from Article 1, Section 8 of the Constitution, the doctrine is based on the concept that immigration is a question of national sovereignty, relating to a nation’s right to define its own borders and restrict entrance therein. As the high court observed, “Over no conceivable subject is the legislative power of Congress more complete.”

Yet President Obama has decided to usurp this power by unilateral directive, unconstrained by established checks and balances. In so doing, he is granting himself extra-constitutional authority and upsetting the carefully balanced separation of powers. He is also subverting the nucleus of our constitutional design: the rule of law.

3. Breaching His Sworn Duty

President Obama’s decision that existing laws shall not be enforced against some 5 million illegal immigrants violates his sworn constitutional duty. Article II, Section 3 requires that the President “shall take Care that the Laws be faithfully executed.” Nowhere is it written that the chief executive is granted the latitude to pick and choose which laws he wants to enforce. He cannot ignore or nullify laws he does not like because the constitution gives him no power not to execute laws. To infer such latitude would invite an authoritarian rule anathema to our founding fathers’ vision. President Obama admitted as much when he said, “The fact of the matter is, there are laws on the books that I have to enforce.” He was specifically talking about immigration laws.

In 1996, Congress passed a law which requires federal immigration agents to deport illegal immigrants, with few exceptions. The statutory language is mandatory. Thus, whatever prosecutorial discretion which may have existed previously, was specifically eliminated by that legislative act. Yet, the President is now, in effect, ordering those agents to break the law. He cannot, on his own, engage in a de facto repeal of this law by executive action. To do so would be, quite simply, lawlessness and a dereliction of his duty.

If President Obama can refuse to enforce a valid federal law affecting millions of people, are there any limits to his powers? After all, he has frequently threatened, “Where Congress won’t act, I will.” What is to stop him from rewriting other laws with which he disagrees? Or to act where Congress has declined or refused to act? Can he abolish certain tax laws because Congress chooses to keep them? Can he banish all sources of energy except renewables to advance his agenda on climate change? If so, why even have a legislative branch of government? What’s the point of a Constitution which enumerates and circumscribes powers and duties?

Men like Madison, Jefferson and Adams were keenly aware of the tyranny and corruption of authority concentrated in too few hands. They knew the thirst for power posed an existential danger to those who cherish freedom. Their genius was in crafting a sustaining document that would end the arrogance of one man rule and protect the inherent rights of all men. They knew that absolute power corrupts.

And they feared future presidents like Mr. Obama.

In the history of our republic, no president has dared turn his high office into an instrument of unrestrained power. They held too much respect for their fellow citizens than to abuse or misuse the principles of our democracy. Even Lincoln’s actions to preserve the nation during the Civil War were grounded in the Constitution and the rule of law.

But, like the title of his autobiography, Mr. Obama’s measure of himself seems defined by the word “audacity.” It is no more evident than now.

http://www.foxnews.com/opinion/2014/11/20/three-things-that-are-illegal-about-obama-immigration-plan/

FACT SHEET:  Immigration Accountability Executive Action

The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable, and ensure that everyone plays by the same rules.  Acting within his legal authority, the President is taking an important step to fix our broken immigration system.

These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the U.S. without fear of deportation.

These are common sense steps, but only Congress can finish the job. As the President acts, he’ll continue to work with Congress on a comprehensive, bipartisan bill—like the one passed by the Senate more than a year ago—that can replace these actions and fix the whole system.

Three critical elements of the President’s executive actions are:

  • Cracking Down on Illegal Immigration at the Border:  The President’s actions increase the chances that anyone attempting to cross the border illegally will be caught and sent back. Continuing the surge of resources that effectively reduced the number of unaccompanied children crossing the border illegally this summer, the President’s actions will also centralize border security command-and-control to continue to crack down on illegal immigration.
  • Deporting Felons, Not Families: The President’s actions focus on the deportation of people who threaten national security and public safety. He has directed immigration enforcement to place anyone suspected of terrorism, violent criminals, gang members, and recent border crossers at the top of the deportation priority list.
  • Accountability – Criminal Background Checks and Taxes: The President is also acting to hold accountable those undocumented immigrants who have lived in the US for more than five years and are parents of U.S. citizens or Lawful Permanent Residents.  By registering and passing criminal and national security background checks, millions of undocumented immigrants will start paying their fair share of taxes and temporarily stay in the U.S. without fear of deportation for three years at a time.

The President’s actions will also streamline legal immigration to boost our economy and will promote naturalization for those who qualify.

For more than a half century, every president—Democratic or Republican—has used his legal authority to act on immigration.  President Obama is now taking another commonsense step. As the Administration implements these executive actions, Congress should finish the job by passing a bill like the bipartisan Senate bill that: continues to strengthen border security by adding 20,000 more Border Patrol agents; cracks down on companies who hire undocumented workers; creates an earned path to citizenship for undocumented immigrants who pay a fine and taxes, pass a background check, learn English and go to  the back of the line; and boosts our economy and keeps families together by cutting red tape to simplify our legal immigration process.

CRACKING DOWN ON ILLEGAL IMMIGRATION AT THE BORDER

Under the Obama Administration, the resources that the Department of Homeland Security (DHS) dedicates to security at the Southwest border are at an all-time high.  Today, there are 3,000 additional Border Patrol agents along the Southwest Border and our border fencing, unmanned aircraft surveillance systems, and ground surveillance systems have more than doubled since 2008. Taken as a whole, the additional boots on the ground, technology, and resources provided in the last six years represent the most serious and sustained effort to secure our border in our Nation’s history, cutting illegal border crossings  by more than half.

And this effort is producing results. From 1990 to 2007, the population of undocumented individuals in the United States grew from 3.5 million to 11 million people.  Since then, the size of the undocumented population has stopped growing for the first time in decades. Border apprehensions—a key indicator of border security— are at their lowest level since the 1970s.  This past summer, the President and the entire Administration responded to the influx of unaccompanied children with an aggressive, coordinated Federal response focused on heightened deterrence, enhanced enforcement, stronger foreign cooperation, and greater capacity for Federal agencies to ensure that our border remains secure.  As a result, the number of unaccompanied children attempting to cross the Southwest border has declined precipitously, and the Administration continues to focus its resources to prevent a similar situation from developing in the future.

To build on these efforts and to ensure that our limited enforcement resources are used effectively, the President has announced the following actions:

  • Shifting resources to the border and recent border crossers. Over the summer, DHS sent hundreds of Border Patrol agents and U.S. Immigration and Customs Enforcement (ICE) personnel to the Southwest border, and the Department of Justice (DOJ) reordered dockets in immigration courts to prioritize removal cases of recent border crossers.  This continued focus will help keep our borders safe and secure. In addition, Secretary Johnson is announcing a new Southern Border and Approaches Campaign Plan which will strengthen the efforts of the agencies who work to keep our border secure.  And by establishing clearer priorities for interior enforcement, DHS is increasing the likelihood that people attempting to cross the border illegally will be apprehended and sent back.
  • Streamlining the immigration court process. DOJ is announcing a package of immigration court reforms that will address the backlog of pending cases by working with DHS to more quickly adjudicate cases of individuals who meet new DHS-wide enforcement priorities and close cases of individuals who are low priorities. DOJ will also pursue regulations that adopt best practices for court systems to use limited court hearing time as efficiently as possible.
  • Protecting victims of crime and human trafficking as well as workers. The Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations.  An interagency working group will also explore ways to ensure that workers can avail themselves of their labor and employment rights without fear of retaliation.

DEPORTING FELONS, NOT FAMILIES

By setting priorities and focusing its enforcement resources, the Obama Administration has already increased the removal of criminals by more than 80%.  These actions build on that strong record by:

  • Focusing on the removal of national security, border security, and public safety threats.  To better focus on the priorities that matter, Secretary Johnson is issuing a new DHS-wide memorandum that makes clear that the government’s enforcement activity should be focused on national security threats, serious criminals, and recent border crossers.  DHS will direct all of its enforcement resources at pursuing these highest priorities for removal.
  • Implementing a new Priority Enforcement Program. Effectively identifying and removing criminals in state and local jails is a critical goal but it must be done in a way that sustains the community’s trust. To address concerns from Governors, Mayors, law enforcement and community leaders which have undermined cooperation with DHS, Secretary Johnson is replacing the existing Secure Communities program with a new Priority Enforcement Program (PEP) to remove those convicted of criminal offenses.  DHS will continue to rely on biometric data to verify individuals who are enforcement priorities, and they will also work with DOJ’s Bureau of Prisons to identify and remove federal criminals serving time as soon as possible.

ACCOUNTABILITY – CRIMINAL BACKGROUND CHECKS AND TAXES

Every Democratic and Republican president since Dwight Eisenhower has taken executive action on immigration.  Consistent with this long history, DHS will expand the existing Deferred Action for Childhood Arrivals (DACA) program to include more immigrants who came to the U.S. as children.  DHS will also create a new deferred action program for people who are parents of U.S. Citizens or Lawful Permanent Residents (LPRs) and have lived in the United States for five years or longer if they register, pass a background check and pay taxes.

The President is taking the following actions to hold accountable certain undocumented immigrants:

  • Creating a mechanism that requires certain undocumented immigrants to pass a background check to make sure that they start paying their fair share in taxes. In order to promote public safety, DHS is establishing a new deferred action program for parents of U.S. Citizens or LPRs who are not enforcement priorities and have been in the country for more than 5 years.  Individuals will have the opportunity to request temporary relief from deportation and work authorization for three years at a time if they come forward and register, submit biometric data, pass background checks, pay fees, and show that their child was born before the date of this announcement. By providing individuals with an opportunity to come out of the shadows and work legally, we will also help crack down on companies who hired undocumented workers, which undermines the wages of all workers, and ensure that individuals are playing by the rules and paying their fair share of taxes.
  • Expanding DACA to cover additional DREAMers. Under the initial DACA program, young people who had been in the U.S. for at least five years, came as children, and met specific education and public safety criteria were eligible for temporary relief from deportation so long as they were born after 1981 and entered the country before June 15, 2007.  DHS is expanding DACA so that individuals who were brought to this country as children can apply if they entered before January 1, 2010, regardless of how old they are today.  Going forward, DACA relief will also be granted for three years.

The President’s actions will also streamline legal immigration to boost our economy and promote naturalization by:

  • Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses.  Under the current system, employees with approved LPR applications often wait many years for their visa to become available.  DHS will make regulatory changes to allow these workers to move or change jobs more easily.  DHS is finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse has an approved LPR application.
  • Enhancing options for foreign entrepreneurs.  DHS will expand immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment, and generating revenue in the U.S., to ensure that our system encourages them to grow our economy.  The criteria will include income thresholds so that these individuals are not eligible for certain public benefits like welfare or tax credits under the Affordable Care Act.
  • Strengthening and extending on-the-job training for STEM graduates of U.S universities. In order to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at U.S. universities, DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program and require stronger ties between OPT students and their colleges and universities following graduation.
  • Streamlining the process for foreign workers and their employers, while protecting American workers. DHS will clarify its guidance on temporary L-1 visas for foreign workers who transfer from a company’s foreign office to its U.S. office. DOL will take regulatory action to modernize the labor market test that is required of employers that sponsor foreign workers for immigrant visas while ensuring that American workers are protected.
  • Reducing family separation for those waiting to obtain LPR status. Due to barriers in our system, U.S. citizens and LPRs are often separated for years from their immediate relatives, while they wait to obtain their LPR status. To reduce the time these individuals are separated, DHS will expand an existing program that allows certain individuals to apply for a provisional waiver for certain violations before departing the United States to attend visa interviews.
  • Ensuring that individuals with lawful status can travel to their countries of origin. DHS will clarify its guidance to provide greater assurance to individuals with a pending LPR application or certain temporary status permission to travel abroad with advance permission (“parole”).
  • Issuing a Presidential Memorandum on visa modernization. There are many ways in which our legal immigration system can be modernized to reduce government costs, eliminate redundant systems, reduce burdens on employers and families, and eliminate fraud. The President is issuing a Memorandum directing an interagency group to recommend areas for improvement.
  • Creating a White House Task Force on New Americans. The President is creating a White House Task Force on New Americans to create a federal strategy on immigrant integration.
  • Promoting Citizenship Public Awareness: DHS will launch a comprehensive citizenship awareness media campaign in the 10 states that are home to 75 percent of the overall LPR population. USCIS will also expand options for paying naturalization fees and explore additional measures to expand accessibility, including studying potential partial fee waiver for qualified individuals.
  • Ensuring U.S. Citizens Can Serve: To further our military’s needs and support recruitment efforts, DHS will expand an existing policy to provide relief to spouses and children of U.S. citizens seeking to enlist in the military, consistent with a request made by the Department of Defense.

http://www.whitehouse.gov/the-press-office/2014/11/20/fact-sheet-immigration-accountability-executive-action

 

8 U.S. Code § 1227 – Deportable aliens

Current through Pub. L. 113-234. (See Public Laws for the current Congress.)

(a) Classes of deportable aliens

Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(1) Inadmissible at time of entry or of adjustment of status or violates status

(A) Inadmissible aliens

Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B) Present in violation of law

Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201 (i) of this title, is deportable.

(C) Violated nonimmigrant status or condition of entry

(i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.
(ii) Violators of conditions of entry Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182 (g) of this title is deportable.

(D) Termination of conditional permanent residence

(i) In general Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(ii) Exception Clause (i) shall not apply in the cases described in section 1186a (c)(4) of this title (relating to certain hardship waivers).

(E) Smuggling

(i) In general Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153 (a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(iii) Waiver authorized The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(F) Repealed. Pub. L. 104–208, div. C, title VI, § 671(d)(1)(C),Sept. 30, 1996, 110 Stat. 3009–723

(G) Marriage fraud

An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182 (a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if—
(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant.

(H) Waiver authorized for certain misrepresentations

The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182 (a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who—

(i)

(I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and
(II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182 (a) of this title which were a direct result of that fraud or misrepresentation.
(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

(2) Criminal offenses

(A) General crimes

(i) Crimes of moral turpitude Any alien who—

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,

 is deportable.

(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High speed flight Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.
(v) Failure to register as a sex offender Any alien who is convicted under section 2250 of title 18 is deportable.
(vi) Waiver authorized Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

(B) Controlled substances

(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

(C) Certain firearm offenses

Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921 (a) of title 18) in violation of any law is deportable.

(D) Miscellaneous crimes

Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—
(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military Selective Service Act (50 App. U.S.C. 451 et seq.) or the Trading With the Enemy Act (50 App. U.S.C. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title,
is deportable.

(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and

(i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(F) Trafficking

Any alien described in section 1182 (a)(2)(H) of this title is deportable.

(3) Failure to register and falsification of documents

(A) Change of address

An alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(B) Failure to register or falsification of documents

Any alien who at any time has been convicted—
(i) under section 1306 (c) of this title or under section 36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents),
is deportable.

(C) Document fraud

(i) In general An alien who is the subject of a final order for violation of section 1324c of this title is deportable.
(ii) Waiver authorized The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.

(D) Falsely claiming citizenship

(i) In general Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.
(ii) Exception In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

(4) Security and related grounds

(A) In general

Any alien who has engaged, is engaged, or at any time after admission engages in—
(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is deportable.

(B) Terrorist activities

Any alien who is described in subparagraph (B) or (F) of section 1182 (a)(3) of this title is deportable.

(C) Foreign policy

(i) In general An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions The exceptions described in clauses (ii) and (iii) of section 1182 (a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section1182 (a)(3)(C)(i) of this title.

(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing

Any alien described in clause (i), (ii), or (iii) of section 1182 (a)(3)(E) of this title is deportable.

(E) Participated in the commission of severe violations of religious freedom

Any alien described in section 1182 (a)(2)(G) of this title is deportable.

(F) Recruitment or use of child soldiers

Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18is deportable.

(5) Public charge

Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.

(6) Unlawful voters

(A) In general

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.

(B) Exception

In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.

(7) Waiver for victims of domestic violence

(A) In general

The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship—

(i)   [1] upon a determination that—

(I) the alien was acting is  [2] self-defense;
(II) the alien was found to have violated a protection order intended to protect the alien; or

(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime—

(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty.

(B) Credible evidence considered

In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.

(b) Deportation of certain nonimmigrants

An alien, admitted as a nonimmigrant under the provisions of either section 1101 (a)(15)(A)(i) or 1101 (a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a) of this section.

(c) Waiver of grounds for deportation

Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182 (a) of this title) shall not apply to a special immigrant described in section 1101 (a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.

(d) Administrative stay

(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101 (a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231 (c)(2) of this title until—

(A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or
(B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals.
(2) The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States.
(3) During any period in which the administrative stay of removal is in effect, the alien shall not be removed.
(4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.

Loretta Lynch

For other uses, see Loretta Lynch (disambiguation).
Loretta Lynch
Loretta Lynch.jpg
United States Attorney for the
Eastern District of New York
Incumbent
Assumed office
May 8, 2010
Appointed by Barack Obama
Preceded by Benton Campbell
In office
June 1999 – May 2001
Appointed by Bill Clinton
Preceded by Zachary Carter
Succeeded by Roslynn Mauskopf
Personal details
Born Loretta Elizabeth Lynch
May 21, 1959 (age 55)
Greensboro, North Carolina,U.S.
Political party Democratic
Spouse(s) Stephen Hargrove
Alma mater Harvard University (A.B., J.D.)

Loretta Elizabeth Lynch[1] (born May 21, 1959) is the current United States Attorney for the Eastern District of New York. Her current tenure as U.S. Attorney began in 2010, and she previously held the position from 1999−2001. As U.S. Attorney for the Eastern District of New York, Lynch oversees federal prosecutions in Brooklyn, Queens, Staten Island and Long Island. On November 8, 2014, President Barack Obama nominated her to succeed Eric Holder as Attorney General of the United States.[2]

Early life and education

Lynch was born in Greensboro, North Carolina on May 21, 1959. Her mother was a school librarian and her father was a Baptist minister.[3][4] As a child, she spent hours with her father, watching court proceedings in the courthouse of Durham, North Carolina. Her early fascination with court proceedings was compounded by stories of her grandfather, also a pastor, who in the 1930s helped people move to the north to escape persecution under the Jim Crow laws of the time.[5] Lynch earned a Bachelor of Arts in English and American literature from Harvard College in 1981 and a Juris Doctor from Harvard Law School in 1984.[6][7]

Career

Lynch’s first legal job was as a litigation associate for Cahill Gordon & Reindel.[8] She joined the Eastern District as a drug and violent-crime prosecutor in the U.S. Attorney’s office in 1990. From 1994 to 1998, she served as the chief of the Long Island office and worked on several political corruption cases involving the government of Brookhaven, New York. From 1998 to 1999, she was the chief assistant U.S. Attorney in the Eastern District and headed the Brooklyn office. In 1999, she was nominated by President Bill Clinton to serve as the U.S. Attorney for the Eastern District of New York.[9] During her term as U.S. Attorney, Lynch oversaw prosecution of New York City police officers in the Abner Louima case.

In 2001, Lynch left the U.S. Attorney’s office to become a partner at Hogan & Hartson (later Hogan Lovells). She remained there until January 20, 2010, when President Barack Obama nominated Lynch to again serve as United States Attorney for the Eastern District of New York.[7][10] From 2003 to 2005, she was a member of the board of the Federal Reserve Bank of New York.[11]

Following the July 2014 death of Eric Garner, an unarmed man who died of a heart attack after resisting arrest and being held in a department-prohibited chokehold by a New York City police officer, Lynch agreed to meet with Garner’s family to discuss possible federal prosecution of the officer believed to be responsible in his death.[12][13]

Lynch’s office indicted Republican congressman Michael Grimm; prosecuted Democratic politicians Pedro Espada Jr. and William Boyland, Jr.; investigated Citigroup over mortgage securities sold by the bank, resulting in a US$7 billion settlement; and was involved in the US$1.2 billion settlement with HSBC over violations of the Bank Secrecy Act.[14][15][16]

On November 8, 2014, President Barack Obama nominated Lynch for the position of U.S. Attorney General, succeeding Eric Holder, who had previously announced his resignation pending confirmation of his replacement. If confirmed by the U.S. Senate, she would be the first African-American woman; the second African-American, after Holder; and the second woman, after Janet Reno; to hold this office.[17][18]

Personal

Lynch and her husband, Stephen Hargrove, married in 2007. In her personal life she uses her married name, Loretta Lynch Hargrove. Her husband has two children from a previous marriage.[19][20]

http://en.wikipedia.org/wiki/Loretta_Lynch

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Obama Asserts Executive Privilege Claim Over Holder’s Wife Emails Pertaining To Fast and Furious — Cover up Of Crimes — Article 1 of Impeachment Bill — What are They Hiding? — Aiding and Abetting Homicides –Videos

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Story 1: Obama Asserts Executive Privilege Claim Over Holder’s Wife Emails Pertaining To Fast and Furious — Cover up Of Crimes — Article 1 of Impeachment Bill — What are They Hiding? — Aiding and Abetting Homicides –Videos

Fast-and-furious-holder-obamafast-furious-eric-holder

eric-holder-fast-and-furious-gunwalking-documents-political-cartooncartoon_eric_holder_fast_n_furious_n_gun_confiscationJune 21, 2011 John de Rosier editorial cartoonEric Holder guns what guns Obama Fall Guyexecutive privillege gunexecutive_privilege_holder_fulleric holdersobama_holdersfast and furious

President Obama Evokes Executive Privilege for Eric Holder – 2007 v. 2012

Obama announces Eric Holder’s resignation

Is Obama involved in Fast and Furious, obstructing a congressional investigation or both?

Congress Votes to Hold Eric Holder in Contempt Perjury Lied to House Congress Vote Passes

Jon Stewart Slams Obama Executive Privilege, Fast & Furious, and Eric Holder

Remember Brian Terry, the murdered Border Patrol Agent

Judge Napolitano: Executive Privilege Only Applies If Obama Involved

Mark Levin Explains How GOP Should Handle Holder Contempt Charge & Executive Privilege Claim

Issa on Fast and Furious, Holder Contempt, Obama Executive Privilege on Fox News Sunday

Obama Perpetuates The ’90 Percent Of Mexico’s Weapons Come From The U.S.’ Lie — In Mexico!

Eric Holder – We Must “Brainwash” People Against Guns! – (1995)

Holder on 2nd Amendment

Eric Holder Attacking The Second Amendment To Help Mexico?

“Operation Fast & Furious: The Other Side of the Border” Part 1

“Operation Fast & Furious: The Other Side of the Border” Part 2

“Operation Fast & Furious: The Other Side of the Border” Part 3

Fast and Furious: Management Failures at the Department of Justice – Part 1

Eric Holder Choking on his Testimony

Michael Savage offers concise summary of “Fast and Furious”, describes his own love of guns

Congress: Eric Holder Should Be In Jail!

 

Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife

OCTOBER 23, 2014

Judicial Watch announced today that it received from the Obama Department of Justice (DOJ) a “Vaughn index” detailing records about the Operation Fast and Furious scandal. The index was forced out of the Obama administration thanks to JW’s June 2012 Freedom of Information Act (FOIA) request and subsequent September 2012 FOIA lawsuit (Judicial Watch v. Department of Justice (No. 1:12-cv-01510)). A federal court had ordered the production over the objections of the Obama Justice Department.

The document details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal. Notably, the document discloses that emails between Attorney General Holder and his wife Sharon Malone – as well as his mother – are being withheld under an extraordinary claim of executive privilege as well as a dubious claim of deliberative process privilege under the Freedom of Information Act. The “First Lady of the Justice Department” is a physician and not a government employee.

This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal. The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are “subject to the assertion of executive privilege.”

The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. The Vaughn index arguably fails to provide all of this required information but does provide plenty of interesting information for a public kept in the dark for years about the Fast and Furious scandal.

Based on a preliminary review of the massive document, Judicial Watch can disclose that the Vaughn index reveals:

Numerous emails that detail Attorney General Holder’s direct involvement in crafting talking points, the timing of public disclosures, and handling Congressional inquiries in the Fast and Furious matter.
President Obama has asserted executive privilege over nearly 20 email communications between Holder and his spouse Sharon Malone. The administration also claims that the records are also subject to withholding under the “deliberative process” exemption. This exemption ordinarily exempts from public disclosure records that could chill internal government deliberations.
Numerous entries detail DOJ’s communications (including those of Eric Holder) concerning the White House about Fast and Furious.
The scandal required the attention of virtually every top official of the DOJ and the Bureau of Alcohol, Tobacco and Firearms (ATF). Communications to and from the United States Ambassador to Mexico about the Fast and Furious matter are also described.
Many of the records are already publicly available such as letters from Congress, press clips, and typical agency communications. Ordinarily, these records would, in whole or part, be subject to disclosure under the Freedom of Information Act. Few of the records seem to even implicate presidential decision-making and advice that might be subject to President Obama’s broad and unprecedented executive privilege claim.
Judicial Watch President Tom Fitton criticized President Obama and his disgraced Attorney General in a statement today:

This document provides key information about the cover-up of Fast and Furious by Attorney General Eric Holder and other high-level officials of the Obama administration. Obama’s executive privilege claims over these records are a fraud and an abuse of his office. There is no precedent for President Obama’s Nixonian assertion of executive privilege over these ordinary government agency records. Americans will be astonished that Obama asserted executive privilege over Eric Holder’s emails to his wife about Fast and Furious.

Once again, Judicial Watch has proven itself more effective than Congress and the establishment media in providing basic oversight of this out-of-control Administration. This Fast and Furious document provides dozens of leads for further congressional, media, and even criminal investigations.

On June 28, 2012, Attorney General Eric Holder was held in contempt by the House of Representatives over his refusal to turn over records explaining why the Obama administration may have lied to Congress and refused for months to disclose the truth about the gun running operation. It marked the first time in U.S. history that a sitting Attorney General was held in contempt of Congress.

A week before the contempt finding, to protect Holder from criminal prosecution and stave off the contempt vote, President Obama asserted executive privilege over the Fast and Furious records the House Oversight Committee had subpoenaed eight months earlier. Judicial Watch filed its FOIA request two days later. Holder’s Justice Department wouldn’t budge (or follow the law), so JW filed a FOIA lawsuit on September 12, 2012.

But then the Justice Department convinced U.S. District Court Judge John D. Bates to stay our lawsuit, in part to allow ongoing settlement discussions between the Holder’s government lawyers and the House Committee to continue. Unsurprisingly, the “negotiations” between politicians running the House and the Justice Department went nowhere.

Fed up with the interminable delay caused Holder’s gamesmanship and stonewalling, JW renewed its request to the Court to allow our transparency lawsuit to continue. Thankfully, this past July, Judge John D. Bates ended the 16-month delay and ordered the Obama administration to produce a Vaughn index of the alleged “executive privilege” records by October 1. Judge Bates noted that no court has ever “expressly recognized” President Obama’s unprecedented executive privilege claims in the Fast and Furious matter.

Unhappy with having to produce the records prior to the elections, Justice lawyers asked the judge to give them one extra month, until November 3 (the day before Election Day!) to produce the info. Judge Bates rejected this gambit, suggested that the Holder’s agency did not take court order seriously. Rather than a month, Judge Bates gave Justice until yesterday to cough up the Vaughn index. Judge Bates issued his smack down on September 23.

Attorney General Eric Holder announced his resignation two days later.

Many share our opinion it was “no coincidence” that Holder’s resignation came “on the heels of another court ruling that the Justice Department must finally cough up information about how Holder’s Justice Department lied to Congress and the American people about the Operation Fast and Furious scandal, for which Eric Holder was held in contempt by the House of Representatives.”

The House had been separately litigating to obtain the records but had gotten nowhere until after Judge Bates ruled that the DOJ finally had to disclose information to Judicial Watch.

On September 9, U.S. District Court Judge Amy Berman Jackson, citing Judicial Watch’s success, ordered the Justice Department to produce information to Congress by November 3.

Fast and Furious was a DOJ/Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) “gun running” operation in which the Obama administration reportedly allowed guns to go to Mexican drug cartels hoping they would end up at crime scenes, 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. 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.

Guns from the Fast and Furious scandal continue to be used in crimes. Just last week, Judicial Watch disclosed that a Fast and Furious gun was used in gang -style assault on a Phoenix apartment building that left two people wounded. We figured this out from information we uncovered through another public records lawsuit against the City of Phoenix.

Congress officially confirmed the AK-47 was used in the assault that terrorized residents in Phoenix. In an October 16 letter sent from Sen. Charles Grassley (R-IA) and Rep. Darryl Issa (R-CA) to Deputy Attorney General James Cole discloses that “we have learned of another crime gun connected to Fast and Furious. The [Justice] Department did not provide any notice to the Congress or the public about this gun….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.”

We have many other active lawsuits over the Fast and Furious scandal:

On October 11, 2011, Judicial Watch sued the DOJ and the ATF to obtain all Fast and Furious records submitted to the House Committee on Oversight.

On June 6, 2012, Judicial Watch sued the ATF seeking access to records detailing communications between ATF officials and Kevin O’Reilly, former Obama White House Director of North American Affairs at the U.S. National Security Council.

On September 5, 2013, Judicial Watch sued the DOJ seeking access to all records of communications between DOJ and the Oversight Committee relating to settlement discussions in the Committee’s 2012 contempt of Congress lawsuit against Holder. The contempt citation stemmed from Holder’s refusal to turn over documents to Congress related to the Fast and Furious gunrunning scandal.

On May 28, 2014, Judicial Watch sued the DOJ on behalf of ATF Special Agent John Dodson, who blew the whistle on Operation Fast and Furious and was then subjected to an alleged smear campaign designed to destroy his reputation.

 

Obama used executive privilege to shield Holder emails

BY SUSAN FERRECHIO

President Obama used executive privilege to withhold the contents of more than 20 emails sent between Attorney General Eric Holder, his wife and his mother that a conservative watchdog group sought in connection with the federal government’s botched “Fast and Furious” gun-running operation.

The document, according to the conservative watchdog group Judicial Watch, “details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal.”

Judicial Watch said the White House is withholding the contents of the Holder emails between his wife and mother citing not only the executive privilege, but the “deliberative process” exemption, which is normally used to exclude from public disclosure any information “that could chill internal government deliberations.”

Holder’s wife, Sharon Malone, is a Washington, D.C., gynecologist.

The Republican-led House has been dueling with Holder for years in an effort to get documents and emails related to Fast and Furious.

In 2012, the House voted to find Holder in contempt of Congress for refusing to turn over documents related to the operation and has sued to obtain them. Democrats have accused the GOP of a politically motivated witch hunt against Holder, who recently announced plans to step down.

The Fast and Furious program ran from 2006 to 2011 out of an Arizona division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. It involved U.S. agents selling guns to Mexican drug traffickers in an effort to trace the weapons to the drug cartels. But agents lost track of the weapons and some of them were used to kill people, including U.S. Border Patrol agent Brian Terry.

“Obama’s executive privilege claims over these records are a fraud and an abuse of his office,” Judicial Watch President Tom Fitton said in a statement. “There is no precedent for President Obama’s Nixonian assertion of executive privilege over these ordinary government agency records. Americans will be astonished that Obama asserted executive privilege over Eric Holder’s emails to his wife about Fast and Furious.”

“This list of documents was provided in order to fulfill a procedural step in this case,” Justice Department spokesman Brian Fallon told theExaminer. “We will make a further submission, related to these same materials, on Nov. 3 in connection to the case brought by the House Oversight Committee.”

Editor’s note: Judicial Watch is representing the Washington Examiner in the newspaper’s federal lawsuit seeking access to Consumer Financial Protection Bureau records under FOIA.

http://www.washingtonexaminer.com/obama-used-executive-privilege-to-shield-holder-emails/article/2555188

 

Operation Fast and Furious Fast Facts

Here’s some background information about Operation Fast and Furious. From 2009 – 2011, under Operation Fast and Furious, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Phoenix Field Division, along with other partners, allowed illegal gun sales believed to be destined for Mexican drug cartels in order to track the sellers and purchasers.

Facts:
An estimated 1,400 weapons were lost by the ATF in Mexico. Two of the missing weapons linked to the operation turned up at the Arizona murder scene of United States Border Patrol agent Brian Terry.

Whistle-blowing leads to a Congressional investigation by the Senate Judiciary Committee and the House Oversight and Government Reform Committee, and Attorney General Eric Holder is cited for contempt.

Operation Fast and Furious was one of the operations under Project Gunrunner, part of the Department of Justice’s broader Southwest Border Initiative, an “inter-agency effort to combat Mexico-based trafficking groups.” (DOJ)

“Straw purchasers (also called straw buyers) buy firearms on behalf of others without disclosing that fact on the forms required by the Bureau of Alcohol, Tobacco and Firearms.” (DOJ)

The operation lasted approximately 15 months, resulting in grand jury indictments of 34 suspects in drug and firearms trafficking organizations.

Operation Fast and Furious was not the first “gun walking” investigation by ATF; it was preceded by Operation Wide Receiver, which began in 2006.

Timeline:
April 2006 – Official launch of Project Gunrunner.

October 2009 – Operation Fast and Furious begins, based on a review of Project Gunrunner by the ATF Organized Crime Drug Enforcement Task Force (OCDETF).

January 2010 – Bureau of Alcohol, Tobacco, Firearms agents tell the staff of Senator Charles Grassley (R-Iowa), member of the Senate Judiciary Committee, that the ATF allowed straw buyer Jaime Avila to make repeated purchases of guns after his name had been entered into a “suspect person database” on January 13, 2009.

December 14, 2011 – Border patrol agent Brian Terry is killed in the Arizona desert, and two weapons the ATF allowed to be purchased earlier in 2010 by purported “straw buyer” Jaime Avila are found near the shooting scene. It is unknown whether any of the guns were used as the murder weapon.

January 25, 2011 – The Department of Justice announces the end of Operation Fast and Furious, with the indictments of 34 drug and firearm trafficking suspects.

March 3, 2011 – ATF Acting Director Kenneth Melson announces the formation of a panel to “review the bureau’s current firearms trafficking strategies employed by field division managers and special agents.”

April 1, 2011 – Acting Director Melson is issued a subpoena from the House Oversight and Government Reform Committee.

May 3, 2011 – Attorney General Eric Holder testifies for the first time before the House Judiciary Committee that he had first heard of Operation Fast and Furious only over the past few weeks.

June 2011 – Whistleblowers testify before the House Oversight committee. ATF agent John Dodson tells lawmakers, “I cannot begin to think how the risk of letting guns fall into the hands of known criminals could possibly advance any legitimate law enforcement interest.”

July 26, 2011 – The House Oversight and Government Reform Committee holds a second hearing.

August 30, 2011 – Melson is reassigned to the Justice Department, and is replaced by B. Todd Jones.

October 12, 2011 – Congressional investigators issue a subpoena for communications from Attorney General Holder relating to the federal gunrunning operation.

October 2011 – Investigators uncover memos indicating Attorney General Holder had known about Operation Fast and Furious for close to a year, not a few weeks as he had stated in May 2011.

November 7, 2011 – A federal grand jury in the District of Arizona hands up an 11-count indictment. It alleges that on December 14, 2010, five of the defendants (Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes and Lionel Portillo-Meza) were involved in a firefight with Border Patrol agents during which Terry was fatally shot. The men are charged with first-degree murder, second-degree murder, conspiracy to interfere with commerce by robbery, attempted interference with commerce by robbery, carrying and using a firearm during a crime of violence, assault on a federal officer and possession of a firearm by a prohibited person. The indictment is unsealed on July 9th, 2012.

November 8, 2011 – Attorney General Holder testifies before the Senate Judiciary Committee that, “this operation was flawed in concept, as well as in execution.”

February 1, 2012 – The family of ATF agent Brian Terry files a $25 million wrongful death claim against the United States.

February 2, 2012 – Attorney General Holder testifies before the House Oversight and Government Reform Committee that firings and charges against Justice Department officials who oversaw Fast and Furious are likely to come in the next six months. He also denies any cover-up.

June 12, 2012 – Attorney General Holder testifies before the U.S. Senate Committee on the Judiciary, and rejects calls for his resignation.

June 20, 2012 – The House Oversight and Government Reform Committee recommends that Attorney General Holder be cited for contempt of Congress for failing to turn over documents relating to the Fast and Furious operation.

June 20, 2012 – President Barack Obama asserts executive privilege over the documents sought by the investigating committee. This prevents future prosecution of Holder.

June 28, 2012 – The House of Representatives votes 255-67 to hold Holder in criminal contempt. This is the first time in American history that the head of the Justice Department has been held in contempt by Congress.

July 31, 2012 – The first of a three-part joint staff Congressional report is released, Fast and Furious: Anatomy of a Failed Operation, which lays blame for the failed gun-running probe on Acting ATF Director Kenneth Melson and Deputy Director William Hoover.

July 31, 2012 – ATF Deputy Director William Hoover resigns.

August 13, 2012 – The House Oversight Committee files a civil lawsuit against Holder over Operation Fast and Furious documents.

September 6, 2012 – Mexican authorities arrest Leonel Sanchez Jesus Meza, wanted in the killing of Border Patrol agent Brian Terry.

September 19, 2012 – Department of Justice Inspector General Michael Horowitz releases a report on the operation. The report finds 14 employees of the ATF and the Justice Department responsible for management failures. After the release, former acting ATF head Kenneth Melson retires and former Deputy Assistant Attorney General Jason Weinstein resigns.

December 13, 2012 – Jaime Avila is sentenced to 57 months in prison for his role in buying weapons that were found at the site of the killing of patrol agent Brian A. Terry.

June 17, 2014 – Lionel Portillo Meza, a suspect in the death of Border Patrol Agent Brian Terry, is extradited from Mexico to the U.S.

http://www.cnn.com/2013/08/27/world/americas/operation-fast-and-furious-fast-facts/

ATF gunwalking scandal

From Wikipedia, the free encyclopedia

Weapons recovered by Mexican military in Naco, Sonora, Mexico on November 20, 2009. They include weapons bought two weeks earlier by Operation Fast and Furious suspect Uriel Patino, who bought 723 guns during the operation.[1]

Gunwalking“, or “letting guns walk“, was a tactic of the Arizona Field Office of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which ran a series of sting operations[2][3] between 2006[4]and 2011[2][5] in the Tucson and Phoenix area where the ATF “purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them.”[6] These operations were done under the umbrella of Project Gunrunner, a project intended to stem the flow of firearms into Mexico by interdicting straw purchasers and gun traffickers within the United States.[7] The Chambers case[who?] began in October 2009, and eventually became known in February 2010 as “Operation Fast and Furious” after agents discovered some of the suspects under investigation belonged to a car club.[1]

The stated goal of allowing these purchases was to continue to track the firearms as they were transferred to higher-level traffickers and key figures in Mexican cartels, with the expectation that this would lead to their arrests and the dismantling of the cartels.[6][8][9] The tactic was questioned during the operations by a number of people, including ATF field agents and cooperating licensed gun dealers.[10][11][12][13][14] During Operation Fast and Furious, the largest “gunwalking” probe, the ATF monitored the sale of about 2,000[1]:203[15] firearms, of which only 710 were recovered as of February 2012.[1]:203 A number of straw purchasers have been arrested and indicted; however, as of October 2011, none of the targeted high-level cartel figures had been arrested.[6]

Guns tracked by the ATF have been found at crime scenes on both sides of the Mexico–United States border, and the scene where United States Border Patrol Agent Brian Terry was killed December 2010. The “gunwalking” operations became public in the aftermath of Terry’s murder.[2] Dissenting ATF agents came forward to Congress in response.[16][17] According to Humberto Benítez Treviño, former Mexican Attorney General and chair of the justice committee in the Chamber of Deputies, related firearms have been found at numerous crime scenes in Mexico where at least 150 Mexican civilians were maimed or killed.[18] Revelations of “gunwalking” led to controversy in both countries, and diplomatic relations were damaged.[2]

As a result of a dispute over the release of Justice Department documents related to the scandal, Attorney General Eric Holder became the first sitting member of theCabinet of the United States to be held in contempt of Congress on June 28, 2012.[19][20] Earlier that month, President Barack Obama had invoked executive privilegefor the first time in his presidency over the same documents.[21][22]

Background

Further information: Project Gunrunner and Mexican Drug War

One 20-year veteran of ATF’s Tucson office told us that before Operation Wide Receiver, all of ATF’s trafficking cases were very similar in their simplicity: ATF would get a tip from an FFL[Federal Firearms Licensee][14] about a buyer who wanted a large number of firearms and information about when the transaction was scheduled to take place, and would set up surveillance and arrest the buyer when he headed southbound or at the border. Sometimes the initial buyer would cooperate with ATF, and agents would arrest the actual buyer when he showed up to take possession of the guns. If the guns went to a stash house, agents would speak with subjects at the stash house or conduct a search of the stash house. This agent told us that ATF interdicted guns as a matter of course and had been “content to make the little cases,” but that Wide Receiver represented a “different direction” from ATF’s typical practice.

—Report by the Office of the Inspector General on the Review of ATF’s Operation Fast and Furious and Related Matters, September 2012[1]

ATF “gunwalking” operations were, in part, a response to longstanding criticism of the bureau for focusing on relatively minor gun violations while failing to target high-level gun smuggling figures.[23] U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for the violation of such laws. “Gun trafficking”, although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets.[24]:Summary A 2009 GAO report on efforts to combat arms trafficking to Mexico notes that straw purchasing is not in itself illegal, although it is illegal to provide false information in connection with a purchase.[25]

Four federal statutes govern U.S. commerce of firearms domestically and internationally. Many states supplement these federal statutes and have firearms laws of their own that are stricter. For example, some states require permits to obtain firearms and impose a waiting period for firearm transfers. Domestic commerce and importations into the United States are generally regulated under the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). The exportation of firearms from the United States is regulated by the Arms Export Control Act of 1976 and, to a lesser extent, the Export Administration Regulations (EAR).[24]:3

Defendants are often prosecuted and convicted under provisions of statutes such as the GCA that make it unlawful for certain persons to be in possession of firearms, govern the transaction process of obtaining firearms (e.g., straw purchases), and contain penalties for the use of a firearm in a crime of violence or a drug trafficking crime, or penalties for knowingly or fraudulently smuggling goods that would be contrary to U.S. law and regulation.[24]:18

In a 2012 case in San Juan, Texas, under existing 1968 Gun Control Act provisions on straw purchasing (Title 18 United States Code, Section 924(a)(1)(A)), straw purchaser Taisa Garcia received 33 months and buyer Marco Villalobos received 46 months, plus two years supervision after release.[26] In another Texas gun trafficking case, Oscar Bravo Hernandez received a sentence of 84 months for buying and sending to Mexico at least 55 firearms from a ring of nine straw purchasers who received sentences from 51 months for the most involved down to three years probation for the least involved.[27]

According to twenty-year ATF veteran Jay Wachtel, letting guns “walk” has been a practice done in a controlled manner that involved surveillance and eventual seizure of the weapons. “The idea was that you would follow it long enough until you were sure you had enough probable cause” to initiate an arrest, Wachtel said.[28]According to ATF field agents involved in Operation Fast and Furious, a part of Project Gunrunner, “ATF agents were trained to interdict guns and prevent criminals from obtaining them” and not to allow guns to walk and then disappear.[11] ATF agents assigned to Phoenix from other districts to work on Fast and Furious were critical of the operation.[29]

Operations

There have been allegations of “gunwalking” in at least 10 cities in five states.[30] The most widely known and controversial operations took place in Arizona under the ATF’s Phoenix, Arizona field division.

2006–2008: Operation Wide Receiver and other probes[edit]

Operation Wide Receiver[edit]

The suspicious sale of AR-15s led to Operation Wide Receiver.[31]

The first known ATF “gunwalking” operation to Mexican drug cartels, named Operation Wide Receiver, began in early 2006 and ran into late 2007. Licensed dealer Mike Detty of Mad Dawg Global informed the ATF of a suspicious gun purchase that took place in February 2006 in Tucson, Arizona. In March he was hired as a confidential informant working with the ATF’s Tucson office, part of their Phoenix, Arizona field division.[31]

With the use of surveillance equipment, ATF agents monitored additional sales by Detty to straw purchasers. With assurance from ATF “that Mexican officials would be conducting surveillance or interdictions when guns got to the other side of the border”,[12] Detty would sell a total of about 450 guns during the operation.[30] These included AR-15s, semi-automatic AK-pattern rifles, and Colt .38s. The majority of the guns were eventually lost as they moved into Mexico.[6][31][32][33]

As the later DOJ OIG Report documented, under Wide Receiver coordination of ATF Tucson with the ATF Mexico City Office (MCO) and with Mexican law enforcement had been haphazard. Discussions of getting tracking devices from Raytheon were not followed up. ATF field agents and the cooperating gun dealer had been told by ATF supervisors that the guns were being interdicted before they could reach Mexico, but only 64 of the 474 guns had actually been seized. The kingpin sought by walking the guns, Israel Egurrola-Leon, turned out to be the target of a larger drug case Operation Iron River run by OCDETF. After Operation Wide Receiver was ended, several attorneys at the Phoenix USAO who reviewed the Wide Receiver cases for prosecution found the cases had been so poorly managed that they were reluctant to bring any of them to trial.[1]

At the time, under the Bush administration Department of Justice (DOJ), no arrests or indictments were made. After President Barack Obama took office in 2009, the DOJ reviewed Wide Receiver and found that guns had been allowed into the hands of suspected gun traffickers. Indictments began in 2010, over three years after Wide Receiver concluded. As of October 4, 2011, nine people had been charged with making false statements in acquisition of firearms and illicit transfer, shipment or delivery of firearms.[23] As of November, charges against one defendant had been dropped; five of them had pled guilty, and one had been sentenced to one year and one day in prison. Two of them remained fugitives.[31]

The Hernandez case

Another, smaller probe occurred in 2007 under the same ATF Phoenix field division. The Fidel Hernandez case began when the ATF identified Mexican suspects who bought weapons from a Phoenix gun shop over a span of several months. The probe ultimately involved over 200 guns, a dozen of which were lost in Mexico. On September 27, 2007, ATF agents saw the original suspects buying weapons at the same store and followed them toward the Mexican border. The ATF informed the Mexican government when the suspects successfully crossed the border, but Mexican law enforcement were unable to track them.[4][10]

Less than two weeks later, on October 6, William Newell, then ATF’s Special Agent in Charge (SAC) of the Phoenix field division, shut down the operation at the behest of William Hoover, ATF’s assistant director for the office of field operations.[34] No charges were filed. Newell, who was Phoenix ATF SAC from June 2006 to May 2011, would later play a major role in Operation Fast and Furious.[4][12]

The Hernandez case was referenced in a briefing paper prepared for Attorney General Michael Mukasey prior to his meeting with the Mexican Attorney General Medina Mora on November 16, 2007. The paper stated, “ATF has recently worked jointly with Mexico on the first-ever attempt to have a controlled delivery of weapons being smuggled into Mexico by a major arms trafficker” and that “the first attempts at this controlled delivery have not been successful.” The paper also stated, “ATF would like to expand the possibility of such joint investigations and controlled deliveries — since only then will it be possible to investigate an entire smuggling network, rather than arresting simply a single smuggler.”[35]

Investigators regarded the Hernandez Case as an example of “controlled delivery” with surveillance and involvement of Mexican authorities rather than “gunwalking” or failure to attempt interdiction.[1][36][37]

The Medrano case[

The 2008 Alejandro Medrano case involved both ATF SAC William Newell and cooperating Tucson gun dealer Mike Detty of Operation Wide Receiver. ATF Phoenix allowed about 100 guns to be taken into Mexico over the objections of U.S. Immigration and Customs Enforcement (ICE) personnel who became aware of the case. Phoenix ATF SAC Newell acknowledged to ICE “that letting guns cross the border was part of ATF’s plan”. In August 2010, Medrano was sentenced to 46 months, his associate Hernan Ramos received 50 months and their fellow conspirators received prison terms from 14 to 30 months, but the target, a Sinaloa Cartel kingpin, Javier Elenes Ruiz, nicknamed “Rambo,” remained untouched inside Mexico.[36]

2009–2011: Operation Fast and Furious

On October 26, 2009, a teleconference was held at the Department of Justice in Washington, D.C. to discuss U.S. strategy for combating Mexican drug cartels. Participating in the meeting were Deputy Attorney General David W. Ogden, Assistant Attorney General Lanny A. Breuer, acting ATF Director Kenneth E. Melson, Drug Enforcement Administration (DEA) Administrator Michele Leonhart, Director of the Federal Bureau of Investigation Robert Mueller and the top federal prosecutors in theSouthwestern border states. They decided on a strategy to identify and eliminate entire arms trafficking networks rather than low-level buyers.[3][38][39] Those at the meeting apparently did not suggest using the “gunwalking” tactic, but Phoenix ATF supervisors would soon use it in an attempt to achieve the desired goals.[40]

The strategy of targeting high-level individuals, which was already ATF policy, would be implemented by Bill Newell, special agent in charge of ATF’s Phoenix field division. In order to accomplish it, the office decided to monitor suspicious firearms purchases which federal prosecutors had determined lacked sufficient evidence for prosecution, as laid out in a January 2010 briefing paper. This was said to be allowed under ATF regulations and given legal backing by U.S. Attorney for the District of Arizona Dennis K. Burke. It was additionally approved and funded by a Justice Department task force.[3] However, long-standing DOJ and ATF policy has required suspected illegal arms shipments to be intercepted.[4][5]

FN Five-sevens were among the weapons allowed to walk.[41]

The operation began on October 31, 2009, when a local gun store reported to the Phoenix ATF that four individuals had purchased multiple AK47 style rifles.[42] In November 2009, the Phoenix office’s Group VII, which would be the lead investigative group in Fast and Furious, began to follow a prolific gun trafficker. He had bought 34 firearms in 24 days, and he and his associates bought 212 more in the next month. The case soon grew to over two dozen straw purchasers, the most prolific of which would ultimately buy more than 600 weapons.[3][5][43] The effort would come to be called Operation Fast and Furious for the successful film franchise, because some of the suspects under investigation operated out of an auto repair store and street raced.[3]

Under the previous Operation Wide Receiver, there had been a formal ATF contract with the cooperating gun dealer and efforts were made to involve the ATF Mexico City Office (MCO) and Mexican law enforcement. Under Operation Fast and Furious, at Newell’s insistence the cooperating gun dealers did not have contracts with ATF, and MCO and Mexican police were left in the dark.[1]

According to internal ATF documents, the operation was initially run in conjunction with the Phoenix DEA Organized Crime Drug Enforcement Task Force(OCDETF).[44] On January 26, 2010, ATF formally applied to the Justice Department in Washington for funding through the OCDETF program. When it won approval and received additional funding, Operation Fast and Furious was reorganized as a Strike Force that included agents from ATF, FBI, DEA, and the ICE component of the Department of Homeland Security, which would be run through the U.S. Attorney’s office rather than the ATF. This new Strike Force designation allowed the operation to take advantage of sophisticated surveillance techniques such as federal wiretaps, which would require court orders and interaction from Justice Department officials in Washington, D.C. since federal law requires certain individuals to review evidence and certify the necessity of such techniques.[45]

The dealers involved became concerned as months went by and the same individuals they reported to ATF as suspected straw purchasers returned and repeatedly bought identical weapons. As they later told the DOJ OIG, their previous experience was that after they reported a suspected straw to ATF, they did not see the straw again unless subpoenaed to testify against the straw at trial.[1] One cooperating dealer expressed his concerns in a series of emails in April and June 2010 to GS David Voth, who assured the dealer that ATF was monitoring the suspects using a variety of techniques that he could not discuss in detail.[14]

The tactic of letting guns walk, rather than interdicting them and arresting the buyers, led to controversy within the ATF.[5][46] As the case continued, several members of Group VII, including John Dodson and Olindo Casa, became increasingly upset at the tactic of allowing guns to walk. Their standard Project Gunrunner training was to follow the straw purchasers to the hand-off to the cartel buyers, then arrest both parties and seize the guns. But according to Dodson, they watched guns being bought illegally and stashed on a daily basis, while their supervisors, including David Voth and Hope MacAllister, prevented the agents from intervening.[3]

However, other accounts of the operation insist that ATF agents were prevented from intervening not by ATF officials, but rather by federal prosecutors with the Attorney General’s office, who were unsure of whether the agents had sufficient evidence to arrest suspected straw-buyers.[47] According to some reports, many agents insisted they were prevented from making arrests because prosecutors were unwilling to engage in what could become a potentially contentious political battle over Second Amendment rights during an election year, particularly given the difficult nature of prosecuting straw buyers, and the weak penalties associated with it, even if successful.[47] Instead, prosecutors instructed ATF agents not to make arrests, but rather continue collecting evidence in order to build a stronger case. One tactic proposed for doing so was a wiretap of suspected straw-buyers, in an attempt to link the suspects to criminal activities taking place on the Mexican side of the border.[47] Between March 20 and July 30, 2010, nine wiretaps were sought and approved by Justice Department officials, resulting in a significant delay in concluding the case.[1]:247,274

One of the central targeted individuals was Manuel Fabian Celis-Acosta.[45] By December 2009, Celis-Acosta was being investigated by the ATF, which had placed a secret pole camera outside his Phoenix home to track his movements. Around this time, apparently by chance, ATF agents discovered Celis-Acosta was also a potential criminal target of the DEA, which was operating a wire room to monitor live wiretaps in order to track him. On April 2, 2010, Celis-Acosta was arrested on possession of cocaine and found in possession of a weapon purchased by Uriel Patino, who had already purchased at least 434 guns from cooperating gun dealers in the Phoenix area. By this time about a dozen ATF agents regularly surveilled Celis-Acosta as he recruited 20 friends and family to buy guns for him and regularly traveled to Texas to obtain funds from cartel associates to purchase firearms. On May 29, 2010, Celis-Acosta was detained in Lukeville, Arizona with 74 rounds of ammunition and 9 cell phones. He was then released by the chief ATF investigator on Fast and Furious, Hope MacAllister, after he promised to cooperate with her to find two specific Sinaloa cartel associates. After the redetention and arrest of Celis-Acosta in February 2011, the ATF learned that the associates they were after were FBI/DEA paid informants, and one of them was Celis-Acosta’s financier. Since they were informants, they were unindictable under Operation Fast and Furious.[45][48][49][50][51]

Later, the DOJ inspector General concluded: “We did not find persuasive evidence that agents sought to seize firearms or make arrests during the investigative stage of the case and were rebuffed by the prosecutor. … We found that the lack of seizures and arrests was primarily attributable to the pursuit of a strategic goal shared by both the [Phoenix] ATF and the U.S. Attorney’s Office—to eliminate a trafficking organization—and the belief that confronting subjects and seizing firearms could compromise that goal.”[1]

Weapons bought by Fast and Furious suspect Uriel Patino, seized by Border Patrol and Tucson ATF agents on the Tohono O’odham Reservation from a vehicle headed toward the Mexican border, February 20, 2010.[1]

By June 2010, suspects had purchased 1,608 firearms at a cost of over US$1 million at Phoenix-area gun shops. At that time, the ATF was also aware of 179 of those weapons being found at crime scenes in Mexico, and 130 in the United States.[8] As guns traced to Fast and Furious began turning up at violent crime scenes in Mexico, ATF agents stationed there also voiced opposition.[3]

On the evening of December 14, 2010, U.S. Border Patrol agent Brian Terry and others were patrolling Peck Canyon,Santa Cruz County, Arizona, 11 miles from the Mexican border. The group came across five suspected illegal immigrants. When they fired non-lethal beanbag guns, the suspects responded with their own weapons, leading to a firefight. Terry was shot and killed; four of the suspects were arrested and two AK-pattern rifles were found nearby.[3] The Attorney General’s office was immediately notified of the shooting incident by email.[52] The rifles were traced within hours of the shooting to a Phoenix store involved in the Fast and Furious operation, but the bullet that killed Terry was too badly damaged to be conclusively linked to either gun.[3] Acting Deputy Attorney General Gary Grindler and Deputy Chief of Staff Monty Wilkinson were informed about the guns, but they didn’t believe the information was sufficiently important to alert the Attorney General about it or to make any further inquiry regarding the development.[1]:297

After hearing of the incident, Dodson contacted ATF headquarters, ATF’s chief counsel, the ATF ethics section and the Justice Department’s Office of the Inspector General, none of whom immediately responded. He and other agents then contacted Senator Chuck Grassley of Iowa (R–IA), ranking member of the Senate Judiciary Committee, who would become a major figure in the investigation of “gunwalking.” At the same time, information began leaking to various bloggers and Web sites.[3]

On January 25, 2011, Burke announced the first details of the case to become officially public, marking the end of Operation Fast and Furious. At a news conference in Phoenix, he reported a 53-count indictment of 20 suspects for buying hundreds of guns intended for illegal export between September 2009 and December 2010. Newell, who was at the conference, called Fast and Furious a “phenomenal case,” while denying that guns had been deliberately allowed to walk into Mexico.[3][12]

Altogether, about 2,000 firearms were bought by straw purchasers during Fast and Furious.[1]:203[3] These included AK-47 variants, Barrett .50 caliber sniper rifles, .38 caliber revolvers, and FN Five-sevens.[41] As of October 20, 2011, 389 had been recovered in the US and 276 had been recovered in Mexico. The rest remained on the streets, unaccounted for.[15] As of February 2012, the total number of recovered firearms was 710.[1]:203 Most of the guns went to the Sinaloa Cartel, while others made their way to El Teo and La Familia.[2][32]

Although most weapons were purchased by suspects under investigation by the program, there have been reports of at least one instance of ATF agents being directly involved in the transfer of weapons. On April 13, 2010, ATF Agent John Dodson, with assistance from Agents Casa and Alt, directed a cooperating straw purchaser to give three guns to Isaiah Fernandez, a suspected gun trafficker, and had taped the conversations without prosecutor approval.[47]

After being instructed by his superiors to obtain approval from prosecutors (albeit retroactively), Dodson’s proposal was later rejected by his immediate superior David Voth, although he later received permission from Voth’s supervisor after submitting a written proposal for the program. On June 1, 2010, Dodson used $2,500 of ATF funds to purchase six AK Draco pistols from local gun dealers, which he then gave to Mr. Fernandez, who reimbursed him for the expense of the guns, plus $700 for his assistance.[47] Two days later, Agent Dodson went on a scheduled vacation without interdicting the weapons. As a result, the weapons were never recovered, no arrests were ever made, and the case was closed without charges being filed.[47]

According to the DOJ OIG report, Agent Dodson, as the undercover posing as a straw buyer, was not expected to surveil the weapons after hand-off to Fernandez. Other ATF agents followed the weapons to a storage facility; then surveillance was terminated without interdiction.[1] The Fernandez case was dropped from Fast and Furious after it was determined that Fernandez was not connected to Mexican cartels and had ceased buying guns for resale.[1][53]

Aftermath and reaction

Fate of walked guns

Since the end of Operation Fast and Furious, related firearms have continued to be discovered in criminal hands. As reported in September 2011, the Mexican government stated that an undisclosed number of guns found at about 170 crime scenes were linked to Fast and Furious.[54] U.S. Representative Darrell Issa (R–Calif.–49) estimated that more than 200 Mexicans were killed by guns linked to the operation.[55] Reflecting on the operation, Attorney General Eric Holder said that theUnited States government is “…losing the battle to stop the flow of illegal guns to Mexico,”[56] and that the effects of Operation Fast and Furious will most likely continue to be felt for years, as more walked guns appear at Mexican crime scenes.[57]

In April 2011, a large cache of weapons, 40 traced to Fast and Furious but also including military-grade weapons difficult to obtain legally in the US such as an anti-aircraft machine gun and grenade launcher, was found in the home of Jose Antonio Torres Marrufo, a prominent Sinaloa Cartel member, in Ciudad Juárez, Mexico. Torres Marrufo was indicted, but evaded law enforcement for a brief time.[58][59] Finally, on February 4, 2012, Marrufo was arrested by the Mexican Police.[60]

On May 29, 2011, four Mexican Federal Police helicopters attacked a cartel compound, where they were met with heavy fire, including from a .50 caliber rifle. According to a report from the House Committee on Oversight and Government Reform, this rifle is likely linked to Fast and Furious.[2]

There have been questions raised over a possible connection between Fast and Furious and the death of U.S. Immigration and Customs Enforcement agent Jaime Zapata on February 15, 2011.[61][62] The gun used to kill Zapata was purchased by Otilio Osorio in the Dallas/Fort Worth Metroplex, Texas[63] (outside the area of responsibility for the ATF Phoenix field division[64] which conducted Fast and Furious), and then smuggled into Mexico. Congressional investigators have stated that Osorio was known by the ATF to be a straw purchaser months before he purchased the gun used to kill Zapata, leading them to question ATF surveillance tactics[63]and to suspect a Texas-based operation similar to Fast and Furious.[65]

In addition to Otilio Osorio, a Texas-based drug and gun trafficker, Manuel Barba, was involved trafficking another of the guns recovered in the Zapata shooting. The timeline of this case, called “Baytown Crew”, shows guns were allowed to walk during surveillance that began June 7, 2010. On August 20, 2010, Barba received a rifle later recovered in the Zapata ambush and sent it with nine others to Mexico. The warrant for Barba’s arrest was issued February 14, 2011, the day before Zapata was shot.[66] On January 30, 2012, Barba, who claimed to be working with Los Zetas in illegally exporting at least 44 weapons purchased through straw buyers, was sentenced to 100 months in prison.[67]

On November 23, 2012, two firearms linked to the ATF were found at the scene of a shootout between Sinaloa cartel members and the Mexican military. One of the weapons was an AK-47 type rifle trafficked by Fast and Furious suspect Uriel Patino, and the other was an FN Herstal pistol originally purchased by an ATF agent. Mexican beauty queen Maria Susana Flores Gamez and four others were killed.[68][69]

Investigations and fallout

In the U.S. Congress, Representative Darrell Issa (R–CA–49), chairman of the House Committee on Oversight and Government Reform, and Senator Chuck Grassley(R–IA), ranking member of the Senate Judiciary Committee, have been leading investigations of “gunwalking” operations.[70] There have also been investigations by the United States Department of Justice Office of the Inspector General and others.

2011

On January 27, 2011, Grassley wrote a letter to ATF Acting Director Kenneth E. Melson requesting information about the ATF-sanctioned sale of hundreds of firearms to straw purchasers. The letter mentioned a number of allegations that walked guns were used in the fight that killed Border Patrol Agent Brian Terry.[71] A second letter from Grassley on January 31 accused the ATF of targeting whistleblowers.[72]

On February 4, after review and comment from dozens of officials in the Justice Department Criminal Division, the Office of the Deputy Attorney General, the U.S. Attorney’s Office in Phoenix, and ATF Headquarters,[1]:332 Assistant Attorney General Ronald Weich sent a response to Grassley regarding his two letters. Weich said claims “…that (the) ATF ‘sanctioned’ or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them to Mexico [are] false. ATF makes every effort to interdict weapons that have been purchased illegally and prevent their transportation to Mexico.”[73][74] On February 28, Attorney GeneralEric Holder requested that the Department of Justice‘s Inspector General begin an investigation of Fast and Furious.[75]

On March 23, President Barack Obama appeared on Univision and spoke about the “gunwalking” controversy. He said that neither he nor Attorney General Holder authorized Fast and Furious. He also stated, “There may be a situation here in which a serious mistake was made, and if that’s the case then we’ll find out and we’ll hold somebody accountable.”[76]

On May 3, Attorney General Holder testified to the House Judiciary Committee that he did not know who approved Fast and Furious, but that it was being investigated. He also stated that he “probably heard about Fast and Furious for the first time over the last few weeks,”[77] a claim which would later be questioned[78][79][80] as explained below.

In June, ATF Agent Vince Cefalu, who helped to publicize Fast and Furious, was served with termination papers, in a move by the agency he described as politically motivated retaliation. He had been at odds with ATF management since he filed a complaint over tactics in an unrelated case in 2005. The ATF denied that the firing was retaliation, and Cefalu’s termination letter noted that he leaked documents to the Internet and showed a “lack of candor” in other operations.[81]

On June 14, 2011, a preliminary joint staff report was released by Representative Issa and Senator Grassley.[11] Among the findings: agents were told to stand down rather than interdict weapons, they complained about the strategy and were ignored, and Fast and Furious led to increased violence and death in Mexico.[82] Agents were panicked, certain that “someone was going to die.”[83]

Representative Issa continued to hold hearings in June and July where ATF officials based in Phoenix and Mexico, and at headquarters in Washington, testified before the committee.[84] ATF agent John Dodson stated that he and other agents were ordered to observe the activities of gun smugglers but not to intervene. He testified:[85][86]

Over the course of the next 10 months that I was involved in this operation, we monitored as they purchased hand guns, AK-47 variants, and .50 caliberrifles almost daily. Rather than conduct any enforcement actions, we took notes, we recorded observations, we tracked movements of these individuals for a short time after their purchases, but nothing more. Knowing all the while, just days after these purchases, the guns that we saw these individuals buy would begin turning up at crime scenes in the United States and Mexico, we still did nothing. …
I cannot begin to think of how the risk of letting guns fall into the hands of known criminals could possibly advance any legitimate law enforcement interest.

A second joint staff report was released by the Republicans on July 26.[41]

In August, three important Fast and Furious supervisors were transferred to new management positions at ATF headquarters in Washington: William Newell and David Voth, field supervisors who oversaw the program from Phoenix, and William McMahon, an ATF deputy director of operations. The transfers were initially reported as promotions by the Los Angeles Times, but the ATF stated that they did not receive raises or take on greater responsibilities.[70][87] In late August, it was announced that Acting ATF Director Melson had been reassigned to the Justice Department, and U.S. Attorney Burke announced his resignation after being questioned by Congressional investigators earlier that month.[88]

In October, documents showing that Attorney General Holder’s office had been sent briefings on Fast and Furious as early as July 2010, prompted questions about his May statement that he wasn’t sure of the exact date, but had known about it for only a few weeks. The briefings were from the National Drug Intelligence Center andAssistant Attorney General Lanny Breuer. The Justice Department said that those briefings were about a different case started before Holder became Attorney General, and that while he had known about Fast and Furious, he didn’t know the details of the tactics being used.[80]

On October 31, 2011, after the release of subpoenaed documents, Assistant Attorney General Lanny Breuer stated he found out about gunwalking in Operation Wide Receiver in April 2010, and that he wished he had alerted the deputy or the attorney general at the time.[89][90] The following day, in testimony before the Senate Judicial Committee in a hearing on International Organized Crime, when asked if he had reviewed the letter before it was sent to Senator Charles Grassley on February 4, 2011 denying gunwalking, Breuer replied, “I cannot say for sure whether I saw a draft of the letter that was sent to you. What I can tell you, Senator, is that at that time I was in Mexico dealing with the very real issues that we’re all so committed to.”[91]

On November 8, Holder stated for the first time in Congressional testimony that “gunwalking” was used in Fast and Furious. He remarked that the tactic is unacceptable, and that the operation was “flawed in its concept and flawed in its execution.” He further stated that his office had inaccurately described the program in previous letters sent to Congress, but that this was unintentional. Reiterating previous testimony, he said that he and other top officials had been unaware that the “gunwalking” tactic was being used. Holder stated that his staff had not showed him memos about the program, noting, “There is nothing in any of those memos that indicates any of those inappropriate tactics that are of concern. Those things were not brought to my attention, and my staff, I think, made the correct decision in that regard.”[78][92][93]

That same month, ex-US Attorney Burke admitted to leaking sensitive documents about ATF agent and whistleblower Dodson. Senator Grassley expressed concern that the Justice Department was using Burke as a scapegoat to protect higher officials and vowed to continue his probe.[94]

On December 2, 2011, the Justice Department formally withdrew its statement from February 4, 2011 denying gunwalking due to inaccuracies.[95]

Later that month, documents showed that some ATF agents discussed using Fast and Furious to provide anecdotal cases to support controversial new rules about gun sales. The regulation, called Demand Letter 3, would require 8,500 firearms dealers in Arizona, California, New Mexico and Texas that “have a significant number of crime guns traced back to them from Mexico” to report multiple rifle sales.[96]

2012

Investigations by Congress and the DOJ Inspector General continued into 2012. In January, Patrick Cunningham, who was the criminal division chief at the Phoenix office of the U.S. Attorney’s Office for the District of Arizona and has since resigned, asserted his innocence and his constitutional right against self-incrimination to avoid testifying.[97] Cunningham worked directly under Burke during Fast and Furious. He was subpoenaed because of the role he might have played in the operation, and in the letter sent from the DOJ to Senator Grassley in February 2011 that claimed the ATF did not allow weapons to be trafficked to Mexico.[98]

On January 31, 2012, Democrats on the House Oversight and Government Reform Committee released a report titled, “Fatally Flawed: Five Years of Gunwalking in Arizona”.[36] The report concluded that there was no evidence of involvement by high-ranking appointees at the Justice Department in “gunwalking.” Rather, Operation Fast and Furious was just one of four such operations conducted over five years during the Bush and Obama administrations, and was only “the latest in a series of fatally flawed operations run by ATF agents in Phoenix and the Arizona U.S. Attorney’s Office.”[99]

In May, it was reported that the Department of Homeland Security (DHS) Office of Inspector General had begun to investigate Fast and Furious, with a report expected in October. The DHS had Immigration and Customs Enforcement agents assigned to the operation after becoming involved in late 2009.[100]

On May 3, 2012, Congressman Issa released a letter to the Committee on Oversight and Government Reform that included a draft of a resolution to hold Attorney General Holder in contempt.[101] In the letter, Issa described the connection between Operation Fast and Furious and the OCDETF program since at least January 2009, which would involve multiple executive agencies including the ATF, DOJ, DEA, FBI, ICE, and DHS. He questioned how, why, or if oversight by high level Justice Department did not occur in such an important case. He further described the tragic death of Brian Terry, the whistleblowers and their mistreatment, and the damage the operation had to US-Mexico relations.

On June 7, 2012, under the threat of being held in contempt of Congress for not turning over additional requested documents, Attorney General Holder appeared at his seventh Congressional hearing, where he continued to deny knowledge of “gunwalking” by high-level officials. By then, the Justice Department had turned over more than 7,000 pages of documents.[102]

During the June 12, 2012, Senate hearing, Eric Holder stated, “If you want to talk about Fast and Furious, I’m the Attorney General that put an end to the misguided tactics that were used in Fast and Furious. An Attorney General who I suppose you would hold in higher regard was briefed on these kinds of tactics in an operation called Wide Receiver and did nothing to stop them—nothing. Three hundred guns, at least, walked in that instance.” Holder cited a briefing paper on “Wide Receiver”; the DOJ Office of Legislative Affairs later clarified that the briefing paper was about the Fidel Hernandez case, prepared for Holder’s predecessor, U.S. Attorney General Michael Mukasey before his meeting with Mexican Attorney General Mora on November 16, 2007.[35] The Hernandez Case had ended October 6, 2007,[103]before Mukasey entered office November 9, 2007.[104] The office further explained, “As Attorney General Holder also noted in his testimony, and as we have set forth in prior correspondence and testimony, he took measures and instituted a series of important reforms designed to ensure that the inappropriate tactics used in Fast and Furious, Wide Receiver, Hernandez, and other matters about which the Department has informed Congress are not repeated.”[35] The later DOJ OIG investigation concluded “Attorney General Mukasey was not briefed about Operation Wide Receiver or gun “walking,” but on a different and traditional law enforcement tactic that was employed in a different case.”[1]

On June 20, the House Oversight and Government Reform Committee voted along party lines to recommend that Holder be held in contempt. At issue were 1,300 pages of documents that had not been turned over to Congress by the DOJ. Earlier that day, President Obama had invoked executive privilege over those documents, marking the first time the privilege has been asserted during his presidency.[21][22] Issa contends that the Obama executive privilege claim is a cover-up or an obstruction to the congressional probe. Issa said the department has identified “140,000 pages of documents and communications responsive to the committee’s subpoena.”[105]

On Thursday, June 28, 2012, Holder became the first sitting member of the Cabinet of the United States to be held in criminal contempt of Congress by the House of Representatives for refusing to disclose internal Justice Department documents in response to a subpoena. The vote was 255–67 in favor, with 17 Democrats voting yes and a large number of Democrats walking off the floor in protest and refusing to vote. A civil contempt measure was also voted on and passed, 258–95. The civil contempt vote allows the House Committee on Oversight and Government Reform to go to court with a civil lawsuit to look into the US Justice Department’s refusal to turn over some of the subpoenaed documents and to test Obama’s assertion of executive privilege. Holder dismissed the votes as “the regrettable culmination of what became a misguided—and politically motivated—investigation during an election year,” and the White House called it “political theater rather than legitimate congressional oversight.”[19][20] The National Rifle Association controversially lobbied for Holder to be held in contempt.[106][107][108][109][110][111]

In June 2012, a six-month long investigation by Fortune magazine stated that the ATF never intentionally allowed guns to fall into the hands of Mexican drug cartels, in contrast to most other reports. Agents interviewed during the investigation repeatedly asserted that only one isolated incident of “gunwalking” ever occurred, and was performed independently by ATF Agent John Dodson (who later appeared on CBS News as a whistleblower to denounce the gunwalking scandal) as part of an unauthorized solo action outside the larger Fast and Furious operation.[47]

On July 31, the first part of a new three-part report, Fast and Furious: The Anatomy of a Failed Operation,[37] was released by Republican lawmakers. The report singled out five ATF supervisors for responsibility in Fast and Furious, all of whom had been previously reassigned. The report also said that Fast and Furious resulted from a change in strategy by the Obama Administration. The Justice Department was dismissive of the report, saying that it contained “distortions” and “debunked conspiracy theories,” and that “gunwalking” tactics dated back to 2006.[112] DOJ spokeswoman Tracy Schmaler, while critical of the report, did credit it for acknowledging that the idea for “gun walking”—allowing illegal sales of weapons on the border—originated under the Republican administration before Eric Holder took office in 2009. Schmaler noted that Holder moved swiftly to replace the ATF’s management and instill reforms.[113] On the same day, ATF Deputy Director William Hoover, who was one of the five blamed in the Congressional report, officially retired.[114] The report included an appendix disputing claims in the Fortune article.[53]Following its publication, Dodson’s lawyer wrote the managing editor of Fortune stating the article was “demonstrably false” and that a retraction was in order.[115] AfterFortune did not retract the article, Dodson sued for libel on October 12, 2012.[116][117]

On September 19,[118] the Department of Justice Inspector General Michael Horowitz publicly released a 471-page report[1] detailing the results of the Justice Department’s own internal investigations. The Inspector General’s report, which had access to evidence and interviews with witnesses not permitted in previous Congressional reports, recommended 14 federal officials for disciplinary action, ranging from ATF agents to federal prosecutors involved in the Fast and Furious operation.[118] It found “no evidence” that Attorney General Holder knew about Fast and Furious before early 2011.[119] It found no evidence that previous Attorneys General had been advised about gunwalking in Operation Wide Receiver.[1]

While the OIG report found no evidence that higher officials at the Justice Department in Washington had authorized or approved of the tactics used in the Fast and Furious investigations, it did fault 14 lower officials for related failures, including failures to take note of “red flags” uncovered by the investigation, as well as failures to follow up on information produced through Operation Fast and Furious and its predecessor, Operation Wide Receiver.[118][120] The report also noted ATF agents’ apparent frustrations over legal obstacles from the Phoenix Attorney’s Office to prosecuting suspected “straw-buyers,” while also criticizing the agents’ failure to quickly intervene and interdict weapons obtained by low-level suspects in the case.[118] The 14 Justice Department employees were referred for possible internal discipline. The Justice Department’s Criminal Division head Lanny Breuer, an Obama administration presidential appointee, was cited for not alerting his bosses in 2010 to the flaws of Operation Wide Receiver.[121] Deputy Assistant Attorney General Jason Weinstein, who was responsible for authorizing a portion of the wiretap applications in Operation Fast and Furious and faulted in the report for not identifying the gunwalking tactics, resigned on the day of the report.[122]

On December 4, 2012, the ATF Professional Review Board delivered its recommendations to high-level ATF managers, who will decide whether to accept them. The recommendations included firing William McMahon, ATF Deputy Assistant Director; Mark Chait, ATF Assistant Director for Field Operations; William Newell, Phoenix ATF Special Agent in Charge; and George Gillett, Newell’s second in command. Two additional ATF employees, Phoenix supervisor David Voth and lead agent Hope McAllister, received recommendations for demotion and disciplinary transfer to another ATF post, respectively.[123][124] It was reported the next day that McMahon had been fired. It was also announced that Gary Grindler, Eric Holder’s chief of staff who was faulted in the OIG report, would be leaving the Justice Department.[120] Later that month, the family of Brian Terry sued seven government officials and a gun shop involved in Operation Fast and Furious for negligence and wrongful death.[125]

2013

Agent John Dodson’s book on his experiences in Operation Fast and Furious was released by Simon and Schuster on December 3, 2013.[126]

Related criminal prosecutions

On July 9, 2012, an indictment charging five men in the death of U.S. Border Patrol Agent Brian Terry was unsealed. The FBI offered a reward of $250,000 per fugitive for information leading to their arrests. The indictment, originally handed up on November 7, 2011, charges Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes and Lionel Portillo-Meza with first-degree murder, second-degree murder, and other crimes.[127][128] Manuel Osorio-Arellanes pled guilty to avoid the death penalty and is expected to be sentenced in March 2013. As of December 12, 2012, another of the suspects is in custody, and three remain fugitives.[129]

On October 15, 2012, Danny Cruz Morones, one of the twenty individuals indicted as a result of Fast and Furious, was sentenced to 57 months in prison. He was the first of the twenty to be sentenced. He pled guilty to straw purchasing and recruiting others to buy guns. According to prosecutors, he bought 27 AK-47s, and his recruits bought dozens more.[130]

On December 12, Jaime Avila, Jr. received the maximum penalty of 57 months in prison for gun dealing and conspiracy. He pled guilty after two AK-47 type rifles purchased by him were found at the scene of Border Patrol Agent Brian Terry’s death. Federal prosecutors stated that, in addition to gun trafficking, he had recruited others to do the same. He was under ATF surveillance at the time.[129]

Mexican reactions

As more information on Operations Fast and Furious and Wide Receiver was revealed in 2011, Mexican officials, political commentators and media reacted with anger.[131] Mexican officials stated in September that the U.S. government still had not briefed them on what went wrong nor had they apologized.[132]

Due to several failed attempts at coordinating with Mexican law enforcement in the apprehension of suspected arms traffickers in the Wide Receiver and Hernandez cases,[36] and concerns about widespread corruption, details of Operation Fast and Furious were not shared with Mexican government officials, and they were deliberately kept out of the loop after related firearms began turning up at crime scenes and in criminal arsenals in 2010. The U.S. Embassy in Mexico and the ATF Mexico City Office (MCO) were also kept in the dark. According to Attorney General of Mexico Marisela Morales, the Mexican government was told about the undercover program in January 2011, but they were not provided details at the time.[132]

Morales stated, “At no time did we know or were we made aware that there might have been arms trafficking permitted. In no way would we have allowed it, because it is an attack on the safety of Mexicans.” In addition, she expressed that allowing weapons to “walk” would represent a “betrayal” of Mexico.[132] Morales said that her office would search “to the end” in order to clarify what happened in Fast and Furious.[133] In November 2011, it was reported that the Mexican Attorney General’s office was seeking the extradition of six citizens of the United States implicated with smuggling weapons.[134]

Mexican Senator Arturo Escobar stated after hearing about Operation Wide Receiver, “We can no longer tolerate what is occurring. There must be condemnation from the state,” and that the Mexican Senate condemned the actions of the ATF.[131][135][136]

Jorge Carlos Ramírez Marín, president of the Chamber of Deputies of Mexico from the Institutional Revolutionary Party, said “This is a serious violation of international law. What happens if next time they need to introduce trained assassins or nuclear weapons?”[137]

Chihuahua state prosecutor Patricia Gonzalez, who had worked closely with the US for years, said, “The basic ineptitude of these officials [who ordered the Fast and Furious operation] caused the death of my brother and surely thousands more victims.” Her brother, Mario, had been kidnapped, tortured and killed by cartel hit men in fall 2010. Later, two AK-47 rifles found among the several weapons recovered after a gunfight between police and cartel members were traced to the Fast and Furious program.[2][132]

Mexican Congressman Humberto Benítez Treviño, a former attorney general, called Fast and Furious “a bad business that got out of hand.”[132] He had also characterized it as “an undercover program that wasn’t properly controlled.”[137]

Like many politicians, Mexican pundits across the political spectrum expressed anger at news of both operations. La Jornada, a left-leaning newspaper, asked “US: ally or enemy?”[138] The paper also argued that after news about Wide Receiver, the Mérida Initiative should be immediately suspended. A right-leaning paper accused the US of violating Mexican sovereignty. Manuel J. Jauregui of the Reforma newspaper wrote, “In sum, the gringo (American) government has been sending weapons to Mexico in a premeditated and systematic manner, knowing that their destinations were Mexican criminal organizations.”[131]

See also

References

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  109. Jump up^ Grant, David (June 27, 2012). “Why NRA wants Congress to vote Attorney General Eric Holder in contempt”. The Christian Science Monitor. Retrieved 29 June 2012.
  110. Jump up^ Hoyer Challenges Issa to Show E-Mails; New York Times; June 26, 2012
  111. Jump up^ Issa’s right: Tougher gun laws Fast and Furious goal; National Rifle Association; June 27, 2012
  112. Jump up^ “Justice Dept: Fast and Furious report distorted”. CBS News. August 1, 2012. Retrieved 3 August 2012.[dead link]
  113. Jump up^ Serrano, Richard A. (July 31, 2012). “Justice Department shrugs off Fast and Furious report”. Los Angeles Times. Retrieved 3 August 2012.
  114. Jump up^ Frieden, Terry (August 2, 2012). “Deputy Director William Hoover resigns from ATF in wake of critical report”. CNN. Retrieved 3 August 2012.
  115. Jump up^ “Letter from Robert N. Driscoll to Andy Serwer re: The truth about the Fast and Furious scandal”. Politico. September 27, 2012. Retrieved 2014-06-25.
  116. Jump up^ Dylan Byers, “Exclusive: Fast and Furious whistleblower sues Time Inc. for libel”, Politico, 24 Oct 2012.
  117. Jump up^ “Libel Complaint, John Dodson v Time Inc., 6:12-294-MGL”. Documentcloud.org. Retrieved 2014-06-25.
  118. ^ Jump up to:a b c d Charlie Savage, “Guns Inquiry Urges Action Against 14 in Justice Dept.”,New York Times, 19 Sep 2012.
  119. Jump up^ Kevin Johnson (September 19, 2012). “Review: Holder did not know about ‘Fast and Furious'”. USA Today.
  120. ^ Jump up to:a b Attkisson, Sharyl (5 December 2012). “Heads roll after Fast and Furious investigation”. CBS News. Retrieved 14 January 2013.
  121. Jump up^ “Probe faults US agents over Mexico gunrunning”, Al Jazeera, 20 Sep 2012.
  122. Jump up^ Mary Jacoby, “Criminal Division Deputy Weinstein Resigns In Wake of Fast and Furious Report” Main Justice, September 19, 2012.
  123. Jump up^ Evan Perez, “Firings Set Over ‘Fast and Furious'”, The Wall Street Journal, 4 Dec 2012. Subscription required.
  124. Jump up^ Chuck Neubauer (2012-12-05). “Firings advised for 4 ATF leaders tied to Fast and Furious”. Washington Times. Retrieved 2014-06-25.
  125. Jump up^ Sharyl Attkisson, “Brian Terry family sues ATF officials in Fast and Furious”CBS, December 17, 2012.
  126. Jump up^ John Dodson, The Unarmed Truth: My Fight to Blow the Whistle and Expose Fast and Furious Hardcover, Threshold Editions, 3 Dec 2013, ISBN 978-1476727554. Hardcover: 304 pages.·
  127. Jump up^ Phillips, Whitney. “Feds name 4 suspects linked to Fast and Furious”. Independentmail.com. Retrieved 9 July 2012.
  128. Jump up^ “Feds unveil indictments in Border Patrol Agent Brian Terry’s slaying”. CNN. July 9, 2012. Retrieved 9 July 2012.
  129. ^ Jump up to:a b “Fast and Furious suspect sentenced”. CBS/AP. 12 December 2012. Retrieved 14 January 2013.
  130. Jump up^ Perry, Tony (15 October 2012). “‘Fast and Furious’ defendant gets prison for buying guns”. Los Angeles Times. Retrieved 11 March 2013.
  131. ^ Jump up to:a b c Hernandez, Daniel (October 6, 2011). “MEXICO: News of another U.S. gun-tracking program stirs criticism”. Los Angeles Times. Retrieved October 17, 2011.
  132. ^ Jump up to:a b c d e Ellingwood, Ken (September 19, 2011). “Mexico still waiting for answers on Fast and Furious gun program”. Los Angeles Times. Retrieved October 17, 2011.
  133. Jump up^ “México pide la extradición de seis estadounidenses por tráfico de armas”. CNN Mexico. November 16, 2011.
  134. Jump up^ “Busca PGR extradición de implicados en ‘Rápido y furioso'”. Noticieros Televisa. November 16, 2011. Retrieved November 17, 2011.
  135. Jump up^ “Exige Senado mexicano reclamo a EE.UU por armas ilegales”. Prensa Latina. Retrieved October 17, 2011.
  136. Jump up^ MEXICO: News of another U.S. gun-tracking program stirs criticism; Los Angeles Times; October 6, 2011
  137. ^ Jump up to:a b Murphy, Kim (March 10, 2011). “Mexico lawmakers demand answers about guns smuggled under ATF’s watch”. Los Angeles Times. Retrieved November 6, 2011.
  138. Jump up^ “EU: ¿aliado o enemigo?”. La Jornada. Retrieved October 17, 2011.

http://en.wikipedia.org/wiki/ATF_gunwalking_scandal

 

Executive privilege

From Wikipedia, the free encyclopedia

In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government to access information and personnel relating to the executive branch. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.[1]The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a “sufficient showing” that the “Presidential material” is “essential to the justice of the case” (418 U.S. at 713-14).Chief Justice Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch’s national security concerns.

Historically, the uses of executive privilege underscore the untested nature of the doctrine, since Presidents have generally sidestepped open confrontations with the United States Congress and the courts over the issue by first asserting the privilege, then producing some of the documents requested on an assertedly voluntary basis.

Early precedents

Executive privilege is a specific instance of the more general common-law principle of deliberative process privilege and is believed to trace its roots to the English Crown Privilege.[2]

In the context of privilege assertions by US Presidents, “In 1796, President George Washington refused to comply with a request by the House of Representatives for documents related to the negotiation of the then-recently adopted Jay Treaty with the Kingdom of Great Britain. The Senate alone plays a role in the ratification of treaties, Washington reasoned, and therefore the House had no legitimate claim to the material. Therefore, Washington provided the documents to the Senate but not the House.”[3]

President Thomas Jefferson continued the precedent for this in the trial of Aaron Burr for treason in 1807. Burr asked the court to issue a subpoena duces tecum to compel Jefferson to provide his private letters concerning Burr. Chief Justice John Marshall, a strong proponent of the powers of the federal government but also a political opponent of Jefferson, ruled that the Sixth Amendment to the Constitution, which allows for these sorts of court orders for criminal defendants, did not provide any exception for the president. As for Jefferson’s claim that disclosure of the document would imperil public safety, Marshall held that the court, not the president, would be the judge of that. Jefferson complied with Marshall’s order.

In 1833, President Andrew Jackson cited executive privilege when Senator Henry Clay demanded he produce documents concerning statements the president made to his cabinet about the removal of federal deposits from the Second Bank of the United States during the Bank War.[4]

Modern exercises

During the period of 1947-49, several major security cases became known to Congress. There followed a series of investigations, culminating in the famous HissChambers case of 1948. At that point, the Truman Administration issued a sweeping secrecy order blocking congressional efforts from FBI and other executive data on security problems.[5] Security files were moved to the White House and Administration officials were banned from testifying before Congress on security related matters. Investigation of the State Department and other cases was stymied and the matter left unresolved.

During the Army–McCarthy hearings in 1954, Eisenhower used the claim of executive privilege to forbid the “provision of any data about internal conversations, meetings, or written communication among staffers, with no exception to topics or people.” Department of Defense employees were also instructed not to testify on any such conversations or produce any such documents or reproductions.[6] This was done to refuse the McCarthy Committee subpoenas of transcripts of monitored telephone calls from Army officials, as well as information on meetings between Eisenhower officials relating to the hearings. This was done in the form of a letter from Eisenhower to the Department of Defense and an accompanying memo from Eisenhower Justice. The reasoning behind the order was that there was a need for “candid” exchanges among executive employees in giving “advice” to one another. In the end, Eisenhower would invoke the claim 44 times between 1955 and 1960.

U.S. v. Nixon

The Supreme Court addressed ‘executive privilege’ in United States v. Nixon, the 1974 case involving the demand by Watergate special prosecutor Archibald Cox that President Richard Nixon produce the audiotapes of conversations he and his colleagues had in the Oval Office of the White House in connection with criminal charges being brought against members of the Nixon Administration. Nixon invoked the privilege and refused to produce any records.

The Supreme Court did not reject the claim of privilege out of hand; it noted, in fact, “the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties” and that “[h]uman experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decisionmaking process.” This is very similar to the logic that the Court had used in establishing an “executive immunity” defense for high office-holders charged with violating citizens’ constitutional rights in the course of performing their duties. The Supreme Court stated: “To read the Article II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of ‘a workable government’ and gravely impair the role of the courts under Article III.” Because Nixon had asserted only a generalized need for confidentiality, the Court held that the larger public interest in obtaining the truth in the context of a criminal prosecution took precedence.

“Once executive privilege is asserted, coequal branches of the Government are set on a collision course. The Judiciary is forced into the difficult task of balancing the need for information in a judicial proceeding and the Executive’s Article II prerogatives. This inquiry places courts in the awkward position of evaluating the Executive’s claims of confidentiality and autonomy, and pushes to the fore difficult questions of separation of powers and checks and balances. These ‘occasion[s] for constitutional confrontation between the two branches’ are likely to be avoided whenever possible. United States v. Nixon, supra, at 692.”[7]

Post-Nixon

Clinton administration

The Clinton administration invoked executive privilege on fourteen occasions.

In 1998, President Bill Clinton became the first President since Nixon to assert executive privilege and lose in court, when a Federal judge ruled that Clinton aides could be called to testify in the Lewinsky scandal.[8]

Later, Clinton exercised a form of negotiated executive privilege when he agreed to testify before the grand jury called by Independent Counsel Kenneth Starr only after negotiating the terms under which he would appear. Declaring that “absolutely no one is above the law”, Starr said such a privilege “must give way” and evidence “must be turned over” to prosecutors if it is relevant to an investigation.

George W. Bush administration

The Bush administration invoked executive privilege on six occasions.

President George W. Bush first asserted executive privilege to deny disclosure of sought details regarding former Attorney General Janet Reno,[2] the scandal involving Federal Bureau of Investigation (FBI) misuse of organized-crime informants James J. Bulger and Stephen Flemmi in Boston, and Justice Department deliberations about President Bill Clinton’s fundraising tactics, in December 2001.[9]

Bush invoked executive privilege “in substance” in refusing to disclose the details of Vice President Dick Cheney‘s meetings with energy executives, which was not appealed by the GAO. In a separate Supreme Court decision in 2004, however, Justice Anthony Kennedy noted “Executive privilege is an extraordinary assertion of power ‘not to be lightly invoked.’ United States v. Reynolds, 345 U.S. 1, 7 (1953).

Further, on June 28, 2007, Bush invoked executive privilege in response to congressional subpoenas requesting documents from former presidential counsel Harriet Miers and former political director Sara Taylor,[10] citing that:

The reason for these distinctions rests upon a bedrock presidential prerogative: for the President to perform his constitutional duties, it is imperative that he receive candid and unfettered advice and that free and open discussions and deliberations occur among his advisors and between those advisors and others within and outside the Executive Branch.

On July 9, 2007, Bush again invoked executive privilege to block a congressional subpoena requiring the testimonies of Taylor and Miers. Furthermore, White House Counsel Fred F. Fielding refused to comply with a deadline set by the chairman of the Senate Judiciary Committee to explain its privilege claim, prove that the president personally invoked it, and provide logs of which documents were being withheld. On July 25, 2007, the House Judiciary Committee voted to cite Miers andWhite House Chief of Staff Joshua Bolten for contempt of Congress.[11][12]

On July 13, less than a week after claiming executive privilege for Miers and Taylor, Counsel Fielding effectively claimed the privilege once again, this time in relation to documents related to the 2004 death of Army Ranger Pat Tillman. In a letter to the House Committee on Oversight and Government Reform, Fielding claimed certain papers relating to discussion of the friendly-fire shooting “implicate Executive Branch confidentiality interests” and would therefore not be turned over to the committee.[13]

On August 1, 2007, Bush invoked the privilege for the fourth time in little over a month, this time rejecting a subpoena for Karl Rove. The subpoena would have required the President’s Senior Advisor to testify before the Senate Judiciary Committee in a probe over fired federal prosecutors. In a letter to Senate Judiciary ChairmanPatrick Leahy, Fielding claimed that “Mr. Rove, as an immediate presidential advisor, is immune from compelled congressional testimony about matters that arose during his tenure and that relate to his official duties in that capacity….”[14]

Leahy claimed that President Bush was not involved with the employment terminations of U.S. attorneys. Furthermore, he asserted that the president’s executive privilege claims protecting Josh Bolten, and Karl Rove are illegal. The Senator demanded that Bolten, Rove, Sara Taylor, and J. Scott Jennings comply “immediately” with their subpoenas, presumably to await a further review of these matters. This development paved the way for a Senate panel vote on whether to advance the citations to the full Senate. “It is obvious that the reasons given for these firings were contrived as part of a cover up and that the stonewalling by the White House is part and parcel of that same effort”, Leahy concluded about these incidents.[15][16][17][18]

As of July 17, 2008, Rove still claimed executive privilege to avoid a congressional subpoena. Rove’s lawyer wrote that his client is “constitutionally immune from compelled congressional testimony.”[19]

House Investigation of the SEC

Leaders of the U.S. Securities and Exchange Commission testified on February 4, 2009 before the United States House Committee on Financial Servicessubcommittee including Linda Chatman Thomsen S.E.C. enforcement director, acting General Counsel Andy Vollmer, Andrew Donohue, Erik Sirri, and Lori Richards and Stephen Luparello of FINRA. The subject of the hearings were on why the SEC had failed to act when Harry Markopolos, a private fraud investigator from Boston alerted the Securities and Exchange Commission detailing his persistent and unsuccessful efforts to get the SEC to investigate Bernard Madoff, beginning in 1999.[20]Vollmer claimed executive privilege in declining to answer some questions.[21][22] Subcommittee chairman Paul E. Kanjorski asked Mr. Vollmer if he had obtained executive privilege from the U.S. attorney general.[21] “No … this is the position of the agency,” said Vollmer.[21] “Did the SEC instruct him not to respond to questions?” Mr. Kanjorski asked.[21] Vollmer replied that it was the position of the Commission and that “the answer is no.”[21] The SEC announced Vollmer would “leave the Commission and return to the private sector,” just 14 days after making the claim.[23]

Obama administration

On June 20, 2012, President Barack Obama asserted executive privilege, his first, to withhold certain Department of Justice documents related to the ongoingOperation Fast and Furious controversy ahead of a United States House Committee on Oversight and Government Reform vote to hold Attorney General Eric Holder inContempt of Congress for refusing to produce the documents.[24] Later the same day, the United States House Committee on Oversight and Government Reform voted 23-17 along party lines to hold Attorney General Holder in contempt of Congress over not releasing documents regarding Fast and Furious.[25]

References

  1. Jump up^ Chief Justice Burger, writing for the majority in US v. Nixon noted: “Whatever the nature of the privilege of confidentiality of Presidential communications in the exercise of Art. II powers, the privilege can be said to derive from the supremacy of each branch within its own assigned area of constitutional duties. Certain powers and privileges flow from the nature of enumerated powers; the protection of the confidentiality of Presidential communications has similar constitutional underpinnings.United States v. Nixon, 418 U.S. 683 (1974) (Supreme Court opinion at FindLaw)
  2. Jump up^ Proper Assertion of the Deliberative Process Principle, S Narayan, p 6
  3. Jump up^ FindLaw’s Writ – Dorf: A Brief History Of Executive Privilege, From George Washington Through Dick Cheney
  4. Jump up^ David and Jeanne Heidler, Henry Clay: The Essential American (2010) p.264
  5. Jump up^ Blacklisted by History, p. 23
  6. Jump up^ Blacklisted by History p.575
  7. Jump up^ Holding, Reynolds. Time, March 21, 2007. Holding, Reynolds (March 21, 2007). “The Executive Privilege Showdown”. Time. Retrieved 2007-03-27.
  8. Jump up^ Baker, Peter; and Schmidt, Susan. “President is Denied Executive Privilege”. The Washington Post. July 22, 1998. Retrieved 2007-03-27. Washington Post, May 6, 1998.
  9. Jump up^ Lewis, Neil A. (2001-12-14). “Bush Claims Executive Privilege in Response to House Inquiry”. New York Times. Retrieved 2007-07-17.
  10. Jump up^ [1]
  11. Jump up^ “House inches toward constitutional showdown with contempt vote”. Politics (CNN). July 25, 2007. Retrieved 2007-07-25.
  12. Jump up^ “House Judiciary Reports Contempt Citations to the House of Representatives” (Press release). U.S. House of Representatives Committee on the Judiciary. July 25, 2007. Retrieved 2007-07-26.
  13. Jump up^ “White House Rebuffs Congress on Tillman Papers”. Politics (The Seattle Times). August 1, 2007. Retrieved 2008-08-01.
  14. Jump up^ “Bush won’t let aide Rove testify to Congress”. Politics (Reuters). August 1, 2007. Retrieved 2008-08-01.
  15. Jump up^ “Leahy: Bush not involved in firings”. Yahoo! News. Retrieved 2008-11-30.[dead link]
  16. Jump up^ “Leahy: Rove, others must comply with subpoenas”. CNN. Retrieved 2008-11-30.[dead link]
  17. Jump up^ “Leahy again orders Karl Rove to appear”. Bennington Banner. Retrieved 2008-11-30.
  18. Jump up^ “Leahy again demands U.S. attorney info”. Earth Times. Retrieved 2008-11-30.
  19. Jump up^ “Rove ignores committee’s subpoena, refuses to testify”. CNN. July 10, 2008. Retrieved 2008-07-10.
  20. Jump up^ Henriques, Diana (February 4, 2009). “Anger and Drama at a House Hearing on Madoff”. The New York Times.
  21. ^ Jump up to:a b c d e Jamieson, Dan (February 4, 2009). “SEC officials dodge questions; one claims privilege”. InvestmentNews.
  22. Jump up^ Ahrens, Frank (February 5, 2009). “Lawmakers Sink Teeth Into the SEC: Agency Mocked for Not Catching Madoff”. The Washington Post. pp. D01.
  23. Jump up^ “Acting General Counsel Andrew Vollmer to Leave SEC”. Washington, D.C.: U.S. Securities and Exchange Commission. Feb 18, 2009. Retrieved 6 March 2009.
  24. Jump up^ Jackson, David (June 20, 2012). “Obama team: ‘Fast and Furious’ documents are privileged”. USA Today. Retrieved 20 June 2012.
  25. Jump up^ Madhani and Davis, Aamer and Susan (June 20, 2012). “House panel votes to cite Holder for contempt of Congress”. USA Today. Retrieved 20 June 2012.

President Asserts Executive Privilege in Bid to Forestall Contempt Vote By JOHN H. CUSHMAN Jr. Published: June 20, 2012 NY Times

http://en.wikipedia.org/wiki/Executive_privilege

 

 

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Democrats Go Nuclear And Eliminate 60 Vote Filibuster Rule — Videos

Posted on November 21, 2013. Filed under: American History, Blogroll, College, Communications, Constitution, Economics, Education, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, government spending, Health Care, history, Language, Law, liberty, Life, Links, media, Obamacare, People, Philosophy, Politics, Rants, Regulations, Security, Talk Radio, Tax Policy, Video, Wisdom | Tags: , , , , , , , , , , , , , , , , , |

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Segment 1: Democrats Go Nuclear And Eliminate 60 Vote Filibuster Rule — Videos

Raw: Senate Votes to Change Filibuster Rules

[Look] Sen. Rand Paul Slams Harry Reid A BIG BULLY, DICTATOR for Killing Filibuster, Breaing Rules

Mitch McConnell: Nuclear Option Doesn’t ‘Distract from Obamacare,’ It ‘Reminds’ Voters of It

Senate Democrats Vote To Change Filibuster Rules

Nuclear Filibuster option explained to Obama Voter

Reid, McConnell take drastically different views on US Senate filibuster rule change

Senate Votes To Change Filibuster Rules In Place Since 1789

Alexander colloquy with Sen. McConnell on filibuster rules change

Senate Invokes “Nuclear Option” To Soften Rules Ending Filibusters

Senate Votes To Change Filibuster Rules In Place Since 1789 – Invoking So Called “Nuclear Option”

The Nuclear Option: The Filibuster “Power Grab” in the Senate

Recent attention on what many believe to be a dysfunctional Senate has focused the national debate squarely on the institution’s complex parliamentary rules of procedure. Specifically, Senate Majority Leader Harry Reid (D-NV) has announced plans to consider a legislative manuever known as the Nuclear Option to change the rules of the Senate in order to curtail the use of the filibuster and facilitate the confirmation of President Obama’s judicial and executive nominees. The filibuster allows senators to speak for as long as they wish, on any topic they choose, unless three-fifths of the Senate votes to end debate by invoking cloture. Opponents of the Nuclear Option argue that it is a power grab because it allows Senate majorities to circumvent the regular order and change the rules of the Senate with a simple majority vote over the objection of Senate minorities. This, proponents argue, inevitably undermines deliberation. The result is an errosion of one of the fundamental roles of the Senate. Join us as we debate and discuss the filibuster, proposed rules changes, and the traditional role of the United States Senate in the legislative process.

Reid, Democrats trigger ‘nuclear’ option; eliminate most filibusters on nominees

By and , Updated: Thursday, November 21, 1:48 PM

The partisan battles that have paralyzed Washington in recent years took a historic turn Thursday, as Senate Democrats eliminated filibusters for most presidential nominations, severely curtailing the political leverage of the Republican minority in the Senate and assuring an escalation of partisan warfare.

Saying that “enough is enough,” President Obama welcomed the end of what he called the abuse of the Senate’s advise and consent function, which he said had turned into “a reckless and relentless tool” to grind the gears of government to a halt.

While “neither party has been blameless for these tactics,” Obama said in a statement to reporters at the White House, “today’s pattern of obstruction . . . just isn’t normal; it’s not what our founders envisioned.” He cited filibusters against executive branch appointments and judicial nominees on grounds that he said were based simply on opposition to “the policies that the American people voted for in the last election.”

“This isn’t obstruction on substance, on qualifications,” he said. “It’s just to gum up the works.”

The rule change means that federal judge nominees and executive-office appointments can advance to confirmation votes by a simple majority of senators, rather than the 60-vote supermajority that has long been required to end debate and proceed to an up-or-down majority vote to confirm or reject the nomination.

The change does not apply to Supreme Court nominations. But the vote, mostly along party lines, dramatically alters the landscape for both Democratic and Republican presidents, especially if their own political party holds a majority of, but fewer than 60, Senate seats.

[Follow our live blog for the latest updates.]

Senate Minority Leader Mitch McConnell (R-Ky.) accused Democrats of a power grab and suggested that they will regret their decision if Republicans regain control of the chamber.

“We’re not interested in having a gun put to our head any longer,” McConnell said. “Some of us have been around here long enough to know that the shoe is sometimes on the other foot.” McConnell then addressed Democrats directly, saying: “You may regret this a lot sooner than you think.”

He added later: “The solution to this problem is at the ballot box. We look forward to having a great election in 2014.”

In his remarks at the White House, Obama called the use of the filibuster over the five years of his tenure “an unprecedented pattern of obstruction in Congress that’s prevented too much of the American people’s business from getting done.” Saying that the tactic has blocked bipartisan compromises, prevented qualified people from filling critical posts and stymied legislation to create jobs and limit gun violence, he said: “It’s harmed our economy, and it’s been harmful to our democracy.”

“A deliberate and determined effort to obstruct everything, no matter what the merits, just to refight the result of an election is not normal, and for the sake of future generations, we can’t let it become normal,” Obama said.

“So the vote today I think is an indication that a majority of senators believe, as I believe, that enough is enough,” he said. He added: “The American people deserve better than politicians who run for election telling them how terrible government is, and then devoting their time in elected office to trying to make government not work as often as possible.” He did not take any questions after his remarks in the White House briefing room.

Sen. Charles E. Grassley (Iowa), the top Republican on the Senate Judiciary Committee, warned Democrats against the rule change on Wednesday, saying that if the GOP reclaimed the Senate majority, Republicans would further alter the rules to include Supreme Court nominees, so that Democrats could not filibuster a Republican pick for the nation’s highest court.

Reacting to Republican criticism after the vote, Sen. Tom Harkin (D-Iowa) called the move “a huge step in the right direction” and denied that it somehow broke Senate rules.

“The Senate broke no rules,” he said in a floor speech. “We simply used the rules to make sure that the Senate could function and that we could get our nominees through.”

The vote to change the rule passed 52 to 48. Three Democrats — Sens. Carl Levin (Mich.), Joe Manchin III (W.Va.) and Mark Pryor (Ark.) — joined 45 Republicans in opposing the measure. Levin is a longtime senator who remembers well the years when Democratic filibusters blocked nominees of Republican presidents; Manchin and Pryor come from Republican-leaning states.

Levin denounced both Republicans and Democrats in a floor speech after the vote. He said GOP obstruction of Obama’s nominees has been “irresponsible” and “partisan gamesmanship.” Republicans “are contributing to the destruction of an important check against majority overreach,” he said.

But Democrats have used the filibuster in the past, and “changing the rules by fiat” means that “there are no rules” in the Senate any longer,” he said. “Today we are once again moving down a destructive path,” Levin said.

Infuriated by what he sees as a pattern of obstruction and delay over Obama’s nominees, Senate Majority Leader Harry M. Reid (D-Nev.) triggered the so-called “nuclear option” by proposing a motion to reconsider the nomination of Patricia Millett, one of the judicial nominees whom Republicans recently blocked by a filibuster, to serve on the U.S. Court of Appeals for the District of Columbia Circuit.

The Senate voted 57 to 40, with three abstentions, to reconsider Millett’s nomination. Several procedural votes followed. The Senate parliamentarian, speaking through Sen. Patrick J. Leahy (D-Vt.), the chamber’s president pro tempore, then ruled that 60 votes are needed to cut off a filibuster and move to a final confirmation vote. Reid appealed that ruling, asking senators to decide whether it should stand.

The Democratic victory paved the way for the confirmation of Millett and two other nominees to the D.C. appeals court. All have recently been stymied by GOP filibusters, amid Republican assertions that the critical appellate court simply did not need any more judges.

Under its new rules, the Senate subsequently voted 55 to 43 Thursday afternoon to move ahead with Millett’s nomination. Two senators voted present.

Senate rules still require up to 30 hours of debate on the Millett nomination. So a final confirmation vote on the nomination is expected to be held in mid-December after the two-week Thanksgiving recess.

[Read: What the Senate change means.]

Many Senate majorities have thought about using this technical maneuver to get around centuries of parliamentary precedent, but none has done so in a unilateral move on a major change of rules or precedents. This simple-majority vote has been executed in the past to change relatively minor precedents involving how to handle amendments; for example, one such change short-circuited the number of filibusters that the minority party could deploy on nominations.

Reid has rattled his saber on the filibuster rules at least three other times in the past three years, yielding each time to a bipartisan compromise brokered by the chamber’s elder statesmen. But this time, no deal emerged.

The main protagonists for the rules change have been junior Democrats elected in the last six or seven years, who have alleged that Republicans have used the arcane filibuster rules to create a procedural logjam that has left the Senate deadlocked. Upon arriving in 2009, Sen. Tom Udall (D-N.M.) said, he found that “the Senate was a graveyard for good ideas.”

As he recounted in a speech this week, Udall said, “I am sorry to say that little has changed. The digging continues.”

[Read: The hist ory of this fight.]

Reid’s move is a reversal of his position in 2005, when he was minority leader and fought the GOP majority’s bid to change rules on a party-line vote. A bipartisan, rump caucus led by Sen. John McCain (R-Ariz.) defused that effort.

At the time, McConnell was the No. 2 GOP leader and helped push the effort to eliminate filibusters on the George W. Bush White House’s judicial selections. Eight years later, McConnell, now the minority leader, has grown publicly furious over Reid’s threats to use the same maneuver.

Democrats contend that this GOP minority, with a handful of senators elected as tea party heroes, has overrun McConnell’s institutional inclinations and served as a procedural roadblock on most rudimentary things. According to the Congressional Research Service, from 1967 through 2012, majority leaders had to file motions to try to break a filibuster of a judicial nominee 67 times — and 31 of those, more than 46 percent — occurred in the last five years of an Obama White House and Democratic majority.

Republicans contend that their aggressive posture is merely a natural growth from a decades-long war over the federal judiciary, noting that what prompted the 2005 rules showdown were at least 10 filibusters of GOP judicial nominees. To date, only a handful of Obama’s judicial selections have gone to a vote and been filibustered by the minority.

However, many Republicans, weary from the third rules fight this year, seemed to have adopted a resigned indifference to this latest threat, as opposed to the heated rhetoric in mid-July when the issue last flared up.

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Pronk Pops Shows 1-25–Podcasts or Download–Give It A Listen!

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Listen To Pronk Pops Podcast or Download Shows 22 (Part 2)-25

 

Listen To Pronk Pops Podcast or Download Shows 16-22 (Part 1)

 

Listen To Pronk Pops Podcast or Download Shows 10-15

 

Listen To Pronk Pops Podcast or Download Shows 1-9

 

Pronk Pops Show 25

April 27, 2011 11:28 AM PDT

Pronk Pops Show 25, April 26, 2011

Segment 0: Eva Cassidy–A Singer’s Singer

Segment 1: Ron Paul Is Running For President of The United States In 2012!–The Third Time Is The Charm–A Man Of Integrity–A Candidate For Peace and Prosperity–Neither A Big Government Warfare Republican Nor A Massive Government Welfare Democrat–A Man Of And For The American People–A Tea Party Patriot–Ron Paul–Videos

For additional information and videos:

http://pronkpops.wordpress.com/2011/04/26/pronk-pops-show-25-april-26-2011-segment-0-eva-cassidy-a-singers-singer-segment-1-ron-paul-is-running-for-president-of-the-united-states-in-2012%E2%80%93the-third-time-is-the-charm%E2%80%93a/?preview=true&preview_id=808&preview_nonce=d3d9842e9a

Segment 3: President Obama Is The Reason Your Gasoline Prices Are Going Up!–American People Favor Drilling For Oil and Gas!–Drill Baby Drill–Videos

For additional information and videos:

http://pronkpops.wordpress.com/2011/04/26/pronk-pops-show-25-april-26-2011-segment-3-president-obama-is-the-reason-your-gasoline-prices-are-going-up-american-people-favor-drilling-for-oil-and-gas-drill-baby-drill-videos/

Pronk Pops Show 24

April 20, 2011 12:47 PM PDT

Pronk Pops Show 24: April 19, 2011

Segment 0: S&P Rating Outlook Changed From “Stable” To “Negative” For U.S. Treasury Debt–Videos

Segment 1: Who is John Galt? Who is Ayn Rand–Videos

For additional information and videos:

http://pronkpops.wordpress.com/2011/04/17/pronk-pops-show-24-april-19-2011-segment-1-who-is-john-galt-who-is-ayn-rand-videos/

Segment 2: President Obama’s Fiscal Year 2012 Budget Speech Of April 13, 2011–Eat The Rich And Killing The American Dream Class Warfare–Cuts National Security Spending and Raise Taxes On The Rich–Produces Massive Deficits, National Debt, and Higher Unemployment For 12 More Years–Progressive Radical Socialist Economic Stagflation–Videos

For additional information and videos:
http://pronkpops.wordpress.com/2011/04/18/pronk-pops-show-24-april-18-2011-segment-2-president-obamas-fiscal-year-2012-budget-speech-of-april-13-2011-eat-the-rich-and-killing-the-american-dream-class-warfare-cuts-national-security-sp/

Segment 3: The FairTax (National Consumption Sales Tax) vs. The Flat Tax (One Rate Federal Income Tax)–Who Pays The Most Federal Individual Income Tax? Videos

For additional information and videos:

http://pronkpops.wordpress.com/2011/04/18/pronk-pops-show-24-april-19-2011-segment-3-the-fairtax-national-consumption-sales-tax-vs-the-flat-tax-one-rate-federal-income-tax-who-pays-the-most-federal-individual-income-tax-videos/

Pronk Pops Show 23

April 13, 2011 10:31 AM PDT

Pronk Pops Show 23: April 12, 2011

Segment 0: Sidney Lumet–Rest In Peace–Videos

Segment 1: Tea Party Movement Demands Passage of Balanced Budget Amendment and The FairTax As The Price For Raising The National Statutory Debt Limit of $ 14,294,000,000 One Last Time By $1,000,000,000,000!–Videos

For additional information and videos:

http://pronkpops.wordpress.com/2011/04/11/tea-party-movement-demands-passage-of-balance-budget-amendment-and-balanced-budget-rule-as-the-price-for-raising-the-national-debt-ceiling-one-last-time-by-1000000000000-videos/?preview=true&preview_id=701&preview_nonce=5e679dbc1d

Segment 2: The FairTax (National Consumption Sales Tax) vs. The Flat Tax (One Rate Federal Income Tax)–Who Pays The Most Federal Individual Income Tax? Videos

For additional information and videos:

http://pronkpops.wordpress.com/2011/04/11/pronk-pops-show-23-april-12-2011-segment-2the-fairtax-national-consumption-sales-tax-vs-the-flat-tax-one-rate-federal-income-tax-who-pays-the-most-federal-individual-income-tax-videos/

Pronk Pops Show 22 (Part 2)

April 08, 2011 11:16 AM PDT

Pronk Pops Show 22, April 7, 2011

Segment 1: 3,500,000 Million Americans Unemployed in March 2011 Still Exceeds Great Depression High of 13,000,000 In March 1933–The Obama Depressions Continues–Bureau of Labor Statistics: 8.8% Official Unemployment Rate (U-3) vs. Gallup Unemployment Rate of 10.0%–Nonfarm Payroll Increased By 216,000–The Government Makes The Depression Worse!–Videos

Segment 2: Obama’s Anti-American, Anti-Capitalist, Anti-Growth, Anti-Jobs, and Anti-Security Energy Policy–Videos

Segment 3: Republican Establishment Will Propose A Ten Year $6,200 Billion Cut In Spending Over Ten Years–The Problem Is It Does Not Balance The Budget For Another Five Years At The Earliest–Tea Party Movement Demands Balanced Budgets Starting In 2012 For The Next Ten Years!–A Jet Plane To Prosperity Not A Path To Prosperity–Videos

Segment 4: Just One More Thing Congressman Ryan: When Does The Republican’s Path To Prosperity Balance The Budget?–The Twelth of Never!–Videos

For additional information and videos on the above segments:

http://pronkpops.wordpress.com/2011/04/04/pronk-pops-show-22-april-5-2011-segment-113500000-million-americans-unemployed-in-march-2011-still-exceeds-great-depression-high-of-13000000-in-march-1933%E2%80%93the-obama-depressions-contin/

Pronk Pops Show 22 (Part 1)

April 07, 2011 10:41 AM PDT

Pronk Pops: Show 22, April 7, 2011

Segment 0: Glenn Beck Ending His Show At Fox News

Segment 1: 3,500,000 Million Americans Unemployed in March 2011 Still Exceeds Great Depression High of 13,000,000 In March 1933–The Obama Depressions Continues–Bureau of Labor Statistics: 8.8% Official Unemployment Rate (U-3) vs. Gallup Unemployment Rate of 10.0%–Nonfarm Payroll Increased By 216,000–The Government Makes The Depression Worse!–Videos

Segment 2: Obama’s Anti-American, Anti-Capitalist, Anti-Growth, Anti-Jobs, and Anti-Security Energy Policy–Videos

Segment 3: Republican Establishment Will Propose A Ten Year $6,200 Billion Cut In Spending Over Ten Years–The Problem Is It Does Not Balance The Budget For Another Five Years At The Earliest–Tea Party Movement Demands Balanced Budgets Starting In 2012 For The Next Ten Years!–A Jet Plane To Prosperity Not A Path To Prosperity–Videos

Segment 4: Just One More Thing Congressman Ryan: When Does The Republican’s Path To Prosperity Balance The Budget?–The Twelth of Never!–Videos

For additional information and videos on the above segments:

http://pronkpops.wordpress.com/2011/04/04/pronk-pops-show-22-april-5-2011-segment-113500000-million-americans-unemployed-in-march-2011-still-exceeds-great-depression-high-of-13000000-in-march-1933%E2%80%93the-obama-depressions-contin/

Pronk Pops Show 21

March 29, 2011 03:41 PM PDT

Pronk Pops Show 21, March 29, 2010

Segment 1: The Truth And Consequences About Undeclared Wars–Real Strange Bedfellows–Obama Allies U.S. with Libyan Rebels Including Islamic Jihadists, Moslem Brotherhood, and Al-Qaeda!–Give Peace A Chance–AC-130 Gunship–A-10 Warthogs–F-15E Strike Eagles and Special Operation Smash Squads

For Additional Information and Videos:

http://pronkpops.wordpress.com/2011/03/29/pronk-pops-show-21-march-29-2011-the-truth-and-consequences-about-undeclared-wars%E2%80%93real-strange-bedfellows%E2%80%93obama-allies-u-s-with-libyan-rebels-including-islamic-jihadists-moslem-b/

Pronk Pops Show 20

March 23, 2011 12:02 PM PDT

Pronk Pops Show 20: March 22, 2011

Segment 1:F-15 Crashes In Libya

Segment 2surprisedne Unconstitutional and Undeclared War Too Many: The Great Pretender, Peace Candidate And Noble Peace Prize Winner, President Barack Obama Undeclared War On Libya’s Muammar Ghaddafi In Defense Of Libyian Islamic Fighting Group (LIFG) Rebels Linked To al-Qaeda and The BP Libyian Oil Deal Linked To Obama Campaign Contributions–A Political Payoff!–Obama Has To Go In 2012–Videos

Segment 3:Earthquake Damages Japanese Nuclear Plant At Fukushima Daiichi, Four Explosions and Four Nuclear Reactors Flooded With Seawater To Contain Release Of Radioactive Material and Plant Released Radioactive Materials To Stop Pressure Buildup–Partial Meltdown Of Nuclear Core Feared–Radioactive Material Escaping From Plant–Over 250,000 Ordered Evacuated From 20 Kilometer (12.4 Miles) Radius From Plant–Videos

For Additional Information and Videos:

http://pronkpops.wordpress.com/2011/03/22/pronk-pops-show-20-march-22-2011-segment-1-f-15-crashes-in-libya-segment-2-videos/?preview=true&preview_id=569&preview_nonce=40500c814b

Pronk Pops Show 19

March 09, 2011 10:57 AM PST

Pronk Pops Show 19: March 8, 2011

Segment 1: The Washington Political Elites of Both Parties Are Not Serious About Balancing The Federal Budget And Funding Entitlement Liabilities–Send In The Clowns–Don’t Bother There Here–Videos

Segment 2, Gallup–U.S. Unemployment Hits 10.3% In February 2011 Vs. Bureau of Labor Statistics (BLS) U.S. Unemployment Rate Declined By .1% To 8.9% in February 2011 With Job Creation of 192,000 In February 2011–Over 13.7 Million Americans Unemployed More Than Worse Month of Great Depression!

For more information and videos related to this show click on links below:

http://pronkpops.wordpress.com/2011/03/08/pronk-pops-show-19-march-8-2011segment-1-the-washington-political-elites-of-both-parties-are-not-serious-about-balancing-the-federal-budget-and-funding-entitlement-liabilities-send-in-the-clowns/

http://pronkpops.wordpress.com/2011/03/08/pronk-pops-show-19-march-8-2010-segment-2-gallup-u-s-unemployment-hits-10-3-in-february-2011-vs-bureau-of-labor-statistics-bls-u-s-unemployment-rate-declined-by-1-to-8-9-in-february-2011-wi/

Pronk Pops Show 18

March 03, 2011 03:35 PM PST

Pronk Pops Show 18: March 3, 2011

Segment 1: Remembering The Brooklyn Dodgers and Duke Snider

Segment 2: The National Debt Will Hit $20,000,000,000,000 By 2020!

Segment 3 Public Sector Unions vs. The America People: Replacing The American Dream With The Socialist Union Nightmare

For additional information and videos on the above segments:

http://pronkpops.wordpress.com/2011/03/01/pronk-pops-show-18-march-1-2011-remembering-the-brooklyn-dodgers-and-duke-snider-the-union-corruption-of-government-delusion-of-the-unconstrained-vision-of-unlimited-government-and-the-2000000/

Pronk Pop Show 17

February 22, 2011 03:47 PM PST

Pronk Pops Show 17: February 22, 2011

Black History Month–Progressives–Eugenics–Black Population Control–Abortion–Black Genocide–Planned Parenthood–Barack Obama

For more information and videos relating to the show:

http://pronkpops.wordpress.com/2011/02/22/pronk-pops-show-17-february-22-2011-black-history-month-progressives-eugenics-black-population-control-abortion-black-genocide-planned-parenthood-barack-obama-videos/

Pronk Pops Show 16

February 15, 2011 03:49 PM PST

Pronk Pops Show 16: February 15, 2011

Conservative Political Action Conference 2011

President Obama’s Saint Valentine’s Massacre of The American People–Fiscal Year 2012 Budget Buster–Spending $3,729 Billion–Taxes $2,627 Billion–Deficit $1,101 Billion–Dead On Arrival–DOA– 3 Million Tea Party Patriots To March On Washington D.C. On Friday, April 15, 2011 In Protest!

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2011/02/15/pronk-pops-show-16-february-15-2011-conservative-political-action-conference-cpac-2011-and-president-obamas-saint-valentines-massacre-of-the-american-people-fiscal-year-2012-budget-buster-s/

Pronk Pops Show 15: Hour 3

February 10, 2011 03:32 PM PST

Pronk Pops Show 15:February 8,2011, Hour 3

Lies, Damn Lies, Statistics, and Obama’s Unbelievable Unemployment Numbers

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2011/02/08/pronk-pops-show-15-february-8-2011-from-texas-snow-storm-to-washington-snow-job-lies-damn-lies-statistics-and-obamas-unbelievable-unemployment-numbers-obama-care-unconstitutional-and-void-pa-2/

Pronk Pops Show 15: Hour 2

February 10, 2011 03:23 PM PST

Pronk Pops Show 15: February 8, 2011 Hour 2

Rolling Power Outages in Texas

Obama Care Declared Unconstitutional and Void By Federal Judge

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2011/02/08/pronk-pops-show-15-february-8-2011-from-texas-snow-storm-to-washington-snow-job-lies-damn-lies-statistics-and-obamas-unbelievable-unemployment-numbers-obama-care-unconstitutional-and-void-pa/

Pronk Pops Show 15: Hour 1

February 10, 2011 03:10 PM PST

Pronk Pops Show 15: February 8,2011, Hour 1

Super Storm and Super Bowl In Dallas, Texas

Man-Made Carbon Dioxide Emission and Global Warming–Science vs. Politics

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2011/02/08/pronk-pops-show-15-february-8-2011-from-texas-snow-storm-to-washington-snow-job-lies-damn-lies-statistics-and-obamas-unbelievable-unemployment-numbers-obama-care-unconstitutional-and-void-pa/

Pronk Pops Show 14

January 28, 2011 02:10 PM PST

Pronk Pops Show 14: January 27, 2011

The Big Lie and Free Speech

President Obama’s State of the Union Campaign Speech

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2011/01/27/pronk-pops-show-14-january-27-2011-the-big-lie-and-free-speech-and-president-obamas-state-of-the-union-campaign-speech-videos/

Pronk Pops Show 13

December 09, 2010 01:22 PM PST

Pronk Pops Show 13: December 9, 2010

Latest News Update on WikiLeaks

Federal Reserve Unconventional Monetary Policy

President Obama and Republicans Agree To Two Year Tax Rate Extension and

One Year Unemployment Benefit Extension–More Deficit Spending and Debt!

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/12/09/pronk-pops-show-december-9-2010-president-obama-and-republican-cut-tax-and-spend-deal-time-for-serious-spending-cuts-balance-budgets-and-the-flat-tax/

Pronk Pops Show 12

December 08, 2010 04:18 PM PST

Pronk Pops Show 12: December 8, 2010

News Update On WikiLeaks and Julian Assange

The Chairman of The Federal Reserve and Quantitative Easing 2

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/12/08/pronk-pops-show-12-december-8-2010-news-update-on-julian-assange-wikileaks-ben-benanke-the-fed-barack-obama-tax-and-spend-democrats-videos/

Pronk Pops Show 11

December 03, 2010 02:18 PM PST

Pronk Pops Show 11: December 3, 2010

News and Commentary On November 2010 Unemployment Rate and Level Statistics

WikiLeaks

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/12/03/pronk-pops-show-11-december-3-2010-news-unemployment-rate-up-to-9-8-with-over-15-million-unemployed-wikileaks-food-prices-rising-the-fairtax-videos-2/?preview=true&preview_id=245&preview_nonce=e49c7ff2d2

Pronk Pops Show 10

December 02, 2010 12:35 PM PST

Pronk Pops Show 10: December 1, 2010

Update on new TSA Airport Screening Procedures

Portland, Oregon Terrorist Bomber Arrested by F.B.I.

WikiLeaks Posts Department of State Cables

For more information and videos related to this show click on link below:
http://pronkpops.wordpress.com/2010/11/24/pronk-pops-show-10-november-24-2010-food-prices-rising-fairtax-updates-on-tsa-and-quantitative-easing-money-printing-videos/

Pronk Pops Show 9

November 19, 2010 02:23 PM PST

Pronk Pops Show 9: November 19, 2010

Federal Reserve Chairman Bernanke Responds To Critics of Monetary Policy

Transportation Security Administration or TSA New Screening Procedures:
Full Body Scanners and Extended Pat-Downs

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/11/15/pronk-pops-show-9-november-17-2010-quantitative-easing-2-update-g-20-summit-a-bust-tsa-tyrants-scanning-americans-videos/

Pronk Pops Commentary 1

November 11, 2010 03:42 PM PST

Pronk Pops Commentary 1: November 11, 2010

Stop Federal Reserve Quantitative Easing or Money Printing

Pronk Pops Show 8

November 10, 2010 04:24 PM PST

Pronk Pops Show 8: November 10, 2010

Tea Party Major Issues: Jobs, Spending, Deficits, Debt, Taxes, Health Care and Illegal Immigration

Tea Party Stars: Senators: Rand Paul and Marco Rubio

Republican Tea Party Test: Cutting Federal Spending By Over $1,000 Billion To Balance The Budget For Fiscal Years 2011, 2012, and 2013.

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/11/10/pronk-pops-show-8-november-10-2010-fiscal-policy-cut-spending-balanced-budgets-no-new-taxes-monetary-policy-no-quantitative-easing-or-printing-money-hidden-tax-videos/

Pronk Pops Show 7

November 09, 2010 02:45 PM PST

Pronk Pops Show 7: November 9, 2010

Unemployment News

Tea Party Effect On 2010 Elections

Key Issues: Federal Budget Deficits and National Debt

Cutting Federal Government Spending and Balancing The Federal Budget

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/11/05/pronk-pops-show-7-november-8-2010-the-tea-party-effect-what-is-next-and-update-on-feds-qe2/

Pronk Pops Show 6

November 03, 2010 03:58 PM PDT

Pronk Pops Show 6: November 3, 2010

Winning Elections With MOMMA (Money, Organization, Message, Momentum, Ambition) and The Tea Party Movement Effect

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/11/03/pronk-pops-show-6-november-3-2010-winning-elections-with-momma-money-organization-message-momentum-ambition-and-the-tea-party-movement-effect-videos/

Pronk Pops Show 5

October 28, 2010 03:49 PM PDT

Pronk Pops Show 5: October 27, 2010

Democratic Party’s National Attack Ad Campaign on Candidates and the Flat Tax

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/10/28/pronk-pops-show-5-october-27-2010-democratic-party-national-attack-ad-campaign-on-fairtax-videos/

Pronk Pops Show 4

October 28, 2010 03:43 PM PDT

Pronk Pops Show 4: October 20, 2010

Money, Quantitative Easing and Inflation in the United States Economy

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/10/20/pronk-pops-number-4-videosquantitive-easying-ii-printing-money-to-finance-federal-govenment/

Pronk Pops Show 3

October 28, 2010 03:32 PM PDT

Pronk Pops Show 3: October 14, 2010

Unemployment and inflation in the United States economy

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/10/28/pronk-pops-show-3-october-14-2010unemployment-and-inflation/

Pronk Pops Show 2

October 28, 2010 03:27 PM PDT

Pronk Pops Show 2: October 13, 2010

The 10:10 carbon emission ad campaign on climate change

http://www.youtube.com/watch?v=wliC2Eiwoyw

http://www.1010global.org/uk

Secretary of State Hillary Clinton replacing Vice President Joseph Biden on the 2010 Democratic Party ticket

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/10/05/pronk-pops-number-2-october-6-2010-1010-campaign-the-progressive-radical-socialists-method-of-cutting-carbon-emissions-kill-those-who-disagree-with-you-no-pressure-your-choice-the-big-lie-v/

Pronk Pops Show 1

October 28, 2010 03:01 PM PDT

Pronk Pops Show 1: September 29, 2010

University of Texas at Austin shooting/suicide

The Tea Party Movement in the United States

For more information and videos related to this show click on link below:

http://pronkpops.wordpress.com/2010/09/29/pronk-pops-program-number-1-september-29-2010-clips-and-notes-videos/

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