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Wednesday, April 8, 2015

Federal Judge Rips Administration For 'Misconduct', Continues To Reject Obama's Amnesty Order

No! And stop screwing around!

U.S. District Court Judge Andrew Hanen who ruled against President Obama’s illegal immigration amnesty by executive fiat continued do deny the Administration's request to allow the move to proceed and slammed Justice Department lawyers on Tuesday night for what he called “misconduct” in the case.

Hanen formally denied the Administration’s request that he put his ruling in the case on hold while the government appeals his decision in favor of Texas and several other states that have challenged the actions. The Justice Department, expecting that Hanen either would deny their request or not rule at all, already has asked the 5th Circuit Court of Appeals to issue a stay of Hanen’s ruling during their appeal of it.

Back in February Judge Hanan issued a stay based on the request by 26 states suing to permanently stop Obama's action. Hanan granted the stay giving the chance to allow the lawsuit to make its way through the courts. 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." In other words the proverbial cat will be out of the bag.

When he made the initial ruling Justice Department lawyers had assured Judge Hanen that Obama’s executive order granting amnesty to 5 million illegal immigrants was not being put into effect until the lawsuit filed by 26 states against the administration had a chance to get through the court system per Hanen's order. But in March the Administration admitted it granted 108,000 immigrants, who already were protected from deportation, three-year renewals of their deferred status. Those three-year deferrals are one aspect of Obama's amnesty by executive fiat.

In his Tuesday evening order the Judge said the government hasn't "shown any credible reason for why this Directive necessitates immediate implementation."

The Obama Administration’s blatant misrepresentations to the court about its implementation of expanded work permits for illegal immigrants under the President’s lawless amnesty plan reflects a pattern of disrespect for the rule of law in America," Texas Attorney General Ken Paxton said in a statement. "As the judge has affirmed, once put into effect, President Obama’s executive amnesty program will be virtually impossible to reverse.
(...)He [Hanen] wrote Tuesday that while the federal government had been "misleading" on the subject, he would not immediately apply sanctions against the government, saying to do so would not be "in the interests of justice or in the best interest of this country" because the issue was of national importance and the outcome will affect millions of people.

"The parties' arguments should be decided on their relative merits according to the law, not clouded by outside allegations that may or may not bear on the ultimate issues in this lawsuit," Hanen wrote.

In a separate order Hanen, told the government it has until April 21 to file to the court and plaintiffs detailed information about its March advisory about the 108,000 three-year reprieves.
The Court orders the attorneys for the Government to file, complete with courtesy copies to the Court and Plaintiffs, the following: (i) any and all drafts of the March 3, 2015 Advisory [Doc. No. 176], including all corresponding metadata and all other tangible items that indicate when each draft of the document was written and/or edited or revised; and (ii) a list of each person who knew about this Advisory, or about the DHS activity discussed therein, and each person who reviewed or approved its wording or filing, as well as the date and time when each person was apprised of this document and/or its contents, or of the DHS activity that is the subject matter thereof. No documents, electronic mails, texts, communications, or tangible items (including without limitation all computer records, hard drives, and servers) of any kind that deal with the Advisory or the subject matters discussed in the Advisory, whether or not owned by the Government, are to be destroyed or erased.
Anybody want to take bets on whether or not there is going to be another Obama Administration hard drive crash?

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