About those protests over immigration on Friday:
message /art via Lucianne.com
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Some bureaucrats could end up in prison for implementing President Obama’s amnesty plan for illegal aliens. Even if they don’t violate the brand-new court injunction, they are accountable under a special federal statute.It’s illegal to spend federal money on purposes never approved by Congress. Yet Mr. Obama has bureaucrats going full-speed ahead to create the mechanism that would process amnesty for millions, even while a court injunction requires that actual processing cannot yet begin.Preparations are proceeding “full-throttle,” according to Judicial Watch, which works to make government accountable. The group has uncovered details about some of the tens of millions of dollars already being spent to launch Mr. Obama’s amnesty plan and called for a full investigation. Billions more in tax dollars are also on the line.However, there is personal risk for all who do Mr. Obama’s bidding rather than obey the laws that govern federal payments.Each person who violates what’s called the Anti-Deficiency Act (31 U.S. Code Sec. 1341) could be fined $5,000, sent to prison for two years, lose their job, or all of these. That law makes no exceptions for those who claim they merely obeyed orders from superiors, including the president.Mr. Obama did not personally sign an executive order to put his amnesty plan in place. Although Mr. Obama claims credit and blame, the orders technically come from a Cabinet secretary. Orders then are carried out by subordinate agency heads plus a small army of bureaucrats who process the paperwork and get checks issued.Those payments are already happening despite being spent on a program not authorized by law. Congress has never approved spending money for this purpose.While Mr. Obama avoided a personal signature on the incriminating paperwork, a multitude of clerical workers don’t have that luxury. They are risking their jobs and freedom. So is Homeland Security Secretary Jeh Johnson, who issued the formal instructions to do Mr. Obama’s bidding.Carrying out illegal orders is no excuse under federal law. Because there evidently is no statute of limitations on the Anti-Deficiency Act, therefore a new president and attorney-general in 2017 could pursue criminal charges as well as firings or job disciplines against all persons who approve payments on the amnesty program. And these fall guys would likely have to pay their own legal fees.Federal Judge Andrew Hanen last week enjoined the government from launching the amnesty program. Judge Hanen’s order did not dispute Mr. Obama’s authority to avoid deportations by applying prosecutorial discretion. But the judge pointed out that Mr. Obama was creating new law by going farther, namely by issuing certifications of “lawful presence” plus work permits.Even if the executive branch had legal power to create new programs — which the judge’s order questioned — Judge Hanen ruled that it still would require months of prior public notice and comments about the details, as required by the Administrative Procedures Act.Instead, Mr. Obama had things prepared secretly in advance, then launched his blitzkrieg before opponents could learn the details. To enable processing 4 million to 5 million expected amnesty applications, since the end of November, the Department of Homeland Security:
- Has received 5,000 applications for 1,000 workers it is hiring at salaries up to $157,000 a year (One estimate says these salaries will run $50-million a year.);
- Signed a $7.8-million lease to provide them with office space in Arlington, Virginia;
- Solicited for hundreds of contractors to assist with managing the program and its data;
- Requested proposals to purchase 39-million high-tech plastic ID cards with built-in RF chips (used to create “lawful presence” and “work authorization” identity cards for millions of illegal aliens)
Plus, the IRS is ready to respond to Obama’s actions by unleashing billions in federal cash payments directly to those receiving executive amnesty.The amount actually spent so far is a secret closely-guarded by the Obama team, as are projections of future expenses. A group of Republican senators on Jan. 22 sent a formal request to find out the full costs. Sen. Jeff Sessions, Alabama Republican; Sen. Chuck Grassley, Iowa Republican; and Sen. Ron Johnson, Wisconsin Republican, wrote the Citizenship and Immigration Services to ask for a detailed accounting.The eventual answers may reveal that a lot of federal workers are in trouble for going along with Obama’s secret and unauthorized plan.Training materials for federal workers are chock-full of warnings about not violating the Anti-Deficiency Act.For example, materials from the General Services Administration warns never to initiate any purchases or contracts without obtaining approvals that include “written assurance from responsible fiscal authority,” plus checking with their legal department and budget officers.The 2013 Fiscal Law Deskbook published by the federal Judge Advocate School advises federal workers they can only “incur … obligations for expenditures within the limits and purposes of appropriations.”The White House claims that the massive expenses of amnesty processing will be covered by fees charged to applicants, but that fails the laugh test because: 1) expenses are already massive, but zero fees have been collected to date; 2) there have been no calculations released to match expenses with fees; and 3) the Constitution forbids spending any money unless it first is approved by Congress.Mr. Obama’s disregard for the law seemingly has no limits. His publicly-stated goal is to use his last two years to determine the shape of America for the next ten years. Changing the composition of America is just part of his strategy.Smirking, Mr. Obama considers himself immune from consequences. But he can only usurp power with the assistance of others within the bureaucracy.If those now spending millions of our money without authority are punished eventually, they may finally realize that their proper loyalty is to obey the laws of our land instead of a blind loyalty to President Obama.
A federal judge issued a preliminary injunction on Monday that will temporarily prevent the Obama administration from moving forward with its executive actions on immigration while a lawsuit against the president works its way through the courts.The order, by Judge Andrew Hanen of the U.S. District Court in Brownsville, Texas, was an early stumble for the administration in what will likely be a long legal battle over whether President Barack Obama overstepped his constitutional authority with the wide-reaching executive actions on immigration he announced last November.While the injunction does not pronounce Obama's actions illegal, it prevents the administration from implementing them until the court rules on their constitutionality.The federal government is expected to appeal the ruling.The impact of the order will be felt almost immediately: One of Obama's actions is set to take effect on Feb. 18. On that day, the administration was set to begin accepting applications for an expanded version of the Deferred Action for Childhood Arrivals, or DACA, program. DACA allows undocumented immigrants who came to the U.S. as children to stay in the country and work legally.Now, newly eligible immigrants seeking to apply will be unable to do so while the lawsuit is pending. The administration will also be unable to move forward, for now, with a DACA-like program created under Obama's executive actions. That program confers similar relief to undocumented immigrants who are parents of legal permanent residents or of U.S. citizens.Hanen, who was appointed to the court by former President George W. Bush, said in the ruling that the 26 states who brought the suit had standing to do so, and indicated he was sympathetic to their arguments.The lawsuit against the executive actions was filed in December. Texas is leading the effort, joined by 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, Utah, West Virginia and Wisconsin.According to the suit, Obama's executive actions violate the Constitution, and allowing them to move forward would cause "dramatic and irreparable injuries" to the plaintiff states."This lawsuit is not about immigration," the complaint reads. "It is about the rule of law, presidential power, and the structural limits of the U.S. Constitution."The White House has said that Obama acted within his authority and that the policies will allow immigration enforcement agents to focus on deporting higher-priority offenders such as convicted criminals, recent border-crossers and those who pose national security threats. Attorney Generals from 12 states and the District of Columbia signed onto an amicus brief in support of Obama's actions, asking the judge not to issue an injunction."The truth is that the directives will substantially benefit states, will further the public interest, and are well within the President’s broad authority to enforce immigration law," the amicus brief reads.Obama's executive actions are at the center of a congressional impasse over funding the Department of Homeland Security. The dispute could cause an agency shutdown once funding runs out on Feb. 27. Most Republicans say they will only support a DHS funding bill if it includes measures to stop Obama's immigration policies, but those measures are being blocked by Senate Democrats. Even if such a bill were to reach the president's desk, Obama has said he would veto it.The district court ruling was considered a potential game-changer for the funding fight, since some Republicans might be convinced to support a DHS funding bill with no immigration measures if Obama's actions were not moving forward anyway.UPDATE: 8:20 a.m. -- White House Press Secretary Josh Earnest put out a statement early Tuesday defending the executive actions, which he said "are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.""The Department of Justice, legal scholars, immigration experts, and the district court in Washington, D.C. have determined that the President’s actions are well within his legal authority," Earnest continued. "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."
Attorney General Eric Holder is in Paris this week to attend a meeting on fighting terrorism, but did not participate in a march with world leaders Sunday to honor the 17 people killed last week in France.
CNN just reported Eric Holder did not attend #ParisMarch because he was attending high level meetings. With whom? Everyone was at rally.
President Barack Obama unveiled a new U.S. policy toward Cuba on Wednesday as part of a deal that brought American Alan Gross home in exchange for three convicted Cuban spies. As he has done so often in the past, Obama tried to channel the perspective of America’s enemies and critics, as if his job were to act as a neutral mediator instead of defending U.S. interests and values. In the course of his address, Obama told American ten major lies, both of omission and commission.
Here they are, in order of appearance:1. No mention of the Cuban missile crisis. “I was born in 1961 just over two years after Fidel Castro took power in Cuba….Over the next several decades, the relationship between our countries played out against the backdrop of the Cold War and America’s steadfast opposition to communism.” Cuba’s role in helping the Soviet Union project a direct threat to the U.S. mainland is carefully elided (though Obama, as he has done before, refers to his own birth as a kind of watershed.)2. Suggesting that the president can establish a U.S. embassy on his own. “Going forward, the United States will reestablish an embassy in Havana and high ranking officials will visit Cuba.” An embassy needs to be funded by Congress, and needs an ambassador to be approved by the Senate. None of that is going to happen–nor should it, especially after the disastrous experiment in re-establishing an embassy in Syria, which Obama did in 2009, to no good effect whatsoever.3. No mention of Cuba’s role in repressing democracy abroad. “Cuba has sent hundreds of healthcare workers to Africa to fight Ebola.” Yes, and Cuba has also sent experts in repression to Venezuela, Bolivia and Ecuador. Cuban agents also allegedly beat and raped Venezuelan protestors earlier this year. For decades, Cuba assisted guerrilla armies abroad, fomenting bloody revolution in some countries and propping up communist regimes elsewhere. It continues to do so.4. Suggesting that Cuba does not support terrorism. “At a time when we are focused on threats from al Qaeda to ISIL, a nation that meets our conditions and renounces the use of terrorism should not face this sanction.” Yet Cuba was caught, only last year, smuggling “missile equipment” to North Korea, the dictatorship that targeted America with a cyber-terror attack on the day Obama announced the new Cuba policy. Cuba continues to offer other kinds of support to terrorists.5. False claim that the U.S. is to blame for lack of information in Cuba. “I believe in the free flow of information. Unfortunately, our sanctions on Cuba have denied Cubans access to technology that has empowered individuals around the globe.” This is perhaps the most offensive lie of all, since Gross was detained for trying to help Cubans access technology. The reason Cubans lack news and communication is because the regime censors them brutally, not because of the U.S. embargo.6. False promise to consult Congress on Cuba, when his administration broke that promise. “As these changes unfold, I look forward to engaging Congress in an honest and serious debate about lifting the embargo.” And yet when Sen. Marco Rubio (R-FL) asked White House official Tony Blinken whether the administration planned any major Cuba policy changes, Blinken (now Deputy Secretary of State) lied and said any change would come in consultation with Congress.7. False claim that Cuba agreed to release political prisoners as part of a deal with the U.S. “In addition to the return of Alan Gross and the release of our intelligence agent, we welcome Cuba’s decision to release a substantial number of prisoners whose cases were directly raised with the Cuban government by my team.” As the Washington Post noted, these political prisoners were already set to be released as the result of negotiations four years ago with the Vatican and Spain.8. False commitment to principle of changing policies that do not work. “I do not believe we can keep doing the same thing for over five decades and expect a different result.” If that were really what Obama believed, we would not see the administration pursuing policies whose failure is already evident as a matter of historical record: high taxes, economic redistribution, socialized medicine, union-dominated schools, restrictive labor and environmental regulations, and so on.9. Conflating the collapse of the Castro regime with the collapse of Cuba. “Moreover, it does not serve America’s interests or the Cuban people to try to push Cuba towards collapse.” A false “binary choice.” By failing to differentiate between the regime and the country, Obama signaled his intention to allow the Castros and their heirs to entrench their power–abandoning the cause of freedom and reform, just as he did with the mullahs in Iran during the 2009 uprising.10. Falsely identifying the U.S. as a colonial power. “Others have seen us as a form of colonizer intent on controlling your future..…Let us leave behind the legacy of both colonization and communism, the tyranny of drug cartels, dictators and sham election.” America actually liberated Cuba from Spanish colonialism, and though the U.S. influenced the island heavily for decades afterward, Obama’s attempted moral equivalence between “colonization” and communist tyranny is a false one.Obama borrowed a quote from the Cuban literary giant José MartÃ: “liberty is the right of every man to be honest.” Yet as my colleague Frances Martel has pointed out, Obamashortened that quote, leaving out the phrase ” and to think and to speak without hypocrisy.” Obama’s speech was both dishonest and hypocritical. It was an ominous introduction to a new policy that might have deserved a chance, were it not based on such evident disregard for American interests and Cuban freedom.For more on the dishonesty of Obama’s speech, see Martel’s “Line by Line: Every Empty Promise in Obama’s Cuba Speech.”