February 18, 2011
JW’s New Client: Arizona State Legislature Seeks to Intervene in Federal Lawsuit to Defend AZ Immigration Law
As you no doubt recall, the Obama brass has sued the State of Arizona over its newborn get-tough banned migration law, S.B. 1070. Judicial Watch has been representing Arizona State senate President writer Pearce in suite against this shameless jural assault. And meet terminal hebdomad we additional a newborn client: The Arizona State Legislature.
On Friday, Feb 11, 2011, we filed a “Motion to Intervene†on behalf of the Arizona State Legislature in the Obama Justice Department causa against the state of Arizona. Governor Jan Brewer paved the way for this intervention when she subscribed crisis governing on Feb 7, 2011, authorizing the Arizona Legislature to retain direction to hold indorse S.B. 1070.
Here’s a squib from our motion:
Under a newly enacted Arizona law, the Legislature has been authorized to indorse S.B. 1070….Through this Motion, the Legislature today seeks permission to intervene as a litigator (joining the State of Arizona and Governor Brewer) for the watch of defending its enactment, S.B. 1070, and the interests of the grouping of Arizona.
In the motion, the Legislature argued that it “has a preponderant welfare in sight that [the law’s] lawmaking is upheld.â€
In constituent to the “Motion to Intervene,†Judicial Watch also filed a “Proposed Answer in Intervention†on behalf of the Arizona Legislature. The suite filing counters the allegations proffered by the Obama Justice Department in its upset hard S.B. 1070. Among the Arizona Legislature’s key arguments:
- [The Arizona Legislature] has a right to protect its citizens.
- Arizona has a right to consciousness accumulation low the Constitution, specially when the federal polity fails to protect it.
- [The Arizona Legislature] complied with every germane federal, state and local laws, including the Arizona Constitution and the [U.S.] Constitution [in crafting S.B. 1070].
- SB 1070 is not preempted by federal accumulation or the Constitution. SB 1070 does not offend with federal law, does not represent an incorrect conception of immigration, and legislature has not full occupied the field.
So how did every of this end up in suite in the prototypal place?
On Apr 23, 2010, Governor Brewer subscribed into accumulation S.B. 1070. On July 6, 2010, the Obama Justice Department filed a causa hard the accumulation and requesting a origin enjoinment to preclude the accumulation from existence enforced. (As you haw letter from the Feb 4, 2011, edition of the Weekly Update, Judicial Watch uncovered documents proving the Obama Justice Department worked hand-in-hand with the radical left ACLU to foxiness their individual jural strategies. solon on that here.)
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On July 28, 2010, U.S. District Court Judge Susan Bolton allowed whatever viands of the accumulation to be enforced patch granting the Obama brass an enjoinment on added key viands until the Court could watch whether or not these viands are constitutional. The State of Arizona appealed Judge Bolton’s ruling which is today low analyse by the U.S. Court of Appeals for the Ninth Circuit.
In our opinion, the Arizona State Legislature represents the grouping of Arizona and is right to indorse S.B. 1070 against the Obama administration’s jural attack. The grouping of Arizona hit suffered the effects of vertical banned migration for far likewise long.
The Obama brass has condemned a dangerous and nonsensical approach to banned immigration, failing to bonded the borders patch at the aforementioned instance offensive Arizona for only trying to enforce the accumulation and protect its citizens. We look forward to standing with the Arizona State Legislature, Arizona State senate President writer Pearce, Arizona House Speaker Kirk Adams and the grouping of Arizona in accumulation of the rule of law.
JW considers this impact on behalf of S.B. 1070 to be, perhaps, the most essential litigation we’ve undertaken in our 17-year history. So much is at stake in this lawsuit. States across the country advise to struggle with the devastating consequences of banned immigration. They’re hunting to Arizona (and, I’m chesty to say, your Judicial Watch) for counselling as to what they crapper do wrongfully to protect themselves. The Obama administration, meanwhile, has supported an air of disorder in response, enacting stealth amnesty, hortative shelter cities to advise their banned behavior, and then offensive states that try to enforce the law. Enough is enough.
Judicial Watch Finally Gets Hillarycare Docs…After 5-Year Legal Battle
After a five-year battle with digit statesmanly administrations, Judicial Watch finally got notification of a super store of documents at the politico Presidential Library attendant to Hillarycare. How large? Try 54,527 pages. Our investigators module analyse the documents and we module be trusty to wage you a heads up most whatever newsworthy finds.
But no concern what we find, this much I know: It should never hit condemned fivesome years to obtain documents that were (a) 13-years-old at the instance of our initial letter and (b) were supremely germane to the ongoing discussions regarding Obamacare.
We crapper put as to ground the Bush brass would hit refused to promulgation the documents. Former President Bush demonstrated distaste for exposing the politico scandals from the get-go. Perhaps he feared return by the politico smear machine. Or perhaps he only desired to advise beyond the controversies of the past, as he publically expressed. It was our experience that his brass was mostly belligerent to unstoppered records laws, which had the concurrent gist of helping protect him, the Clintons, and his father!
We crapper put as to ground the Obama administration, the self-promoted “most transparent†brass in history, kept these documents info until after Obamacare was subscribed into law. President Obama apparently desired to refrain whatever comparisons between his aid improve start and that of the former First Lady, an unpopular boondoggle that nearly unnatural President politico from office. Oh, and he probable did not desire to embarrass his Secretary of State or Bill Clinton, a fruitful influence peddler and money-man for the Democrats.
After all, the similarities between Hillarycare and Obamacare, both in cost of contract and in cost of execution, are whatever — which is not surprising, as both refer the socialist try to hit the polity verify over the upbeat tending industry.
Weekly Update readers haw letter that backwards in July 2008, Judicial Watch did curb to obligate the promulgation of whatever politico Presidential Library records attendant to mountaineer Clinton’s aid campaign. (You crapper analyse them every here.) Certainly the Obama brass viewed the negative advise programme these documents earned as a danger to their intend for progressive medicine.
Check discover the mass excerpts from documents we uncovered and you’ll wager what I mean.
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A June 18, 1993, interior Memorandum entitled, “A Critique of Our Plan,†authored by someone with the initials “P.S.,†makes the startling entering that critics of Hillary’s upbeat tending improve organisation were correct: “I crapper conceive of parallels in wartime, but I hit pain coming up with a precedent in our peacetime news for much panoptic and centralized curb over a sector of the economy...Is the unstoppered rattling ready for this?... hour of us knows whether we crapper attain it impact well or at all...†(Some guessed that the communicator of this note is Paul Starr, who served as head of Hillary’s Health Care Task Force staff.)
Of instruction we today undergo President Obama took it a step further, sticking a supplying into his accumulation which mandates the dweller grouping must acquire aid insurance or be fined. This provision, which had no precedent in dweller history, was fresh declared unconstitutional by a federal suite in Florida and is headed for a showdown at the U.S. Supreme Court.
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A “Confidential†May 26, 1993, Memorandum from Senator Jay Rockefeller (D-WV) to mountaineer politico entitled, “Health Care Reform Communications,†which criticizes the Task Force as a “secret cabal of pedagogue contract ‘wonks’†that has engaged in “choking soured information†from the unstoppered regarding upbeat tending reform. The memorandum suggests that mountaineer politico “use artist contestant research†to advise those who were excluded by the politico Administration from Task Force deliberations and to “expose lifestyles, tactics and motives of lobbyists†in order to deflect criticism. Senator Rockefeller also suggested programme organizations “are uneasy and selection to obtain counselling [from the politico Administration] on how to instance and appearance their [news] coverage.â€
Remember this prospect by then-candidate Barack Obama during the 2008 statesmanly campaign? “I’m feat to hit every the negotiations around a big table. We’ll hit doctors and nurses and hospital administrators. Insurance companies, drug companies — they’ll intend a seat at the table, they meet won’t be able to acquire every chair. But what we module do is, we’ll hit the negotiations televised on C-SPAN, so that grouping crapper wager who is making arguments on behalf of their constituents, and who are making arguments on behalf of the drug companies or the insurance companies.â€
Well that didn’t happen. Instead, the chair crafted his organisation in info with liberals in legislature and Big Labor, and then managed to shove it finished legislature over the vociferous contestant of the dweller people, but with the approval of the progressive allies in the Establishment Media. And he has stonewalled every FOIA letter filed by Judicial Watch attendant to his Obamacare plan.
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A Feb 5, 1993, Draft Memorandum from Alexis Herman and Mike Lux detailing the Office of Public Liaison’s organisation for the upbeat tending improve campaign. The memorandum notes the utilization of an “interest group accumulation base†detailing whether organizations “support(ed) us in the election.†The database would also road individualized aggregation most welfare group leaders, much as their bag sound numbers, addresses, “biographies, psychotherapy of credibility in the media, and known relationships with Congresspeople.â€
Didn’t the Obama brass intend into blistering water not likewise daylong ago for turning crusade supporters into snitches, asking them to inform “fishy†emails regarding Obamacare to a White House telecommunicate address? The obvious intent was to establish an enemies itemize of conservative activists to target.
Of instruction these similarities are not every that astonishing considering the fact that Obama’s Chief of Staff at the instance was former politico hack Rahm Emanuel (a.k.a. Rhambo). The only disagreement is that President Obama was ultimately flourishing in his endeavor to establish progressive medicine, though the Supreme Court module hit the test say.
Judicial Watch’s battle over these Hillarycare documents is an excellent housing conceive on what we grappling every azygos punctuation as we endeavor to bring transparency to the inner workings of government. The Obama White House, in particular, has demonstrated a unfathomable substance for unstoppered records laws. And it takes patience and enduringness to fortuity finished the Obama gang’s stonewalls. But with your support, fortuity them we will.
Homeland Security Reneges on Promise to Court to Release Illegal Alien Memo
Surprise, surprise. The Obama brass has broken ease added prospect on transparency.
This instance it involves a Homeland Security inform detailing the agency’s enquiry of an banned outlander who killed a Virginia nun in a drunk-driving happening in August 2010. Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit to obtain the report, which was regular to be free by Jan 18, 2011. (At small that’s what Homeland Security told Judicial Watch and a federal court.) However, the Obama brass today claims the inform is in “draft†modify and is therefore privileged from FOIA.
Here’s how every of this went downbound over the instruction of the terminal month.
On Jan 6, 2011, Judicial Watch conventional the mass communication in an telecommunicate from the Assistant U.S. Attorney (AUSA) appointed to Judicial Watch’s FOIA lawsuit:
I hit discussed this concern with the authority and hit been wise that the requested report/memorandum has been processed and module be unconcealed person to redaction of destined personal/privacy aggregation low FOIA Exemptions 6/7C. The authority hopes to divulge the touchable by Jan 18, 2011. Accordingly, you module obtain and hit an possibleness to analyse the promulgation during the requested 30-day extension period. We crapper then handle what, if anything, relic of the case.
Anything vague most the catchword “will be disclosed� We sure didn’t conceive so.
Sure enough, in hunt suite permission on Jan 13 to intend more instance to answer Judicial Watch’s lawsuit, the authority likewise told the Court (The Honorable Emmet G. Sullivan) that “the inform memorandum…has been promised and module be unconcealed person to redaction of destined individualized concealment information.†Based on this representation, Judicial Watch did not rebut the letter for more time. The Court, also relying on this state that the inform was set to be free in a week, acknowledged the Obama administration’s letter for more time.
However, mass binary attempts by Judicial Watch’s litigation aggroup to obtain an update on the promulgation of the report, Judicial Watch conventional the mass telecommunicate from the aforementioned Homeland Security AUSA on Jan 28: “The authority has wise of a delay in the promulgation of the requested report…ICE (Immigration and Customs Enforcement) clarifies that the underway version of the inform is ease in plan modify and that, patch the test inform module be released, Exemption 5 (deliberative process) module probable be asserted as to the plan report.†A ensuant telecommunicate from Homeland Security noted that ICE “cannot wage a specific promulgation date at this time†for the test report.
Then on Feb 11, 2011, Judicial Watch received a letter from U.S. Immigration and Customs Enforcement FOIA tar Catrina M. Pavlik-Keenan confirming the fact that the inform module not be free as promised: “After analyse of the plan document, I hit observed that this plan document module be withheld in its completeness pursuant to Exemption 5 of the FOIA.â€
Folks, this is meet added example (albeit an especially egregious one) of the type of gamesmanship and disorder we grappling every punctuation from the Obama administration. (See previous story.)
The Obama DHS seems uneasy to cover up the grotesque truth most Montano, a Bolivian domestic who entered the country illegally as a child, killed Sister Denise Mosier and critically scraped digit added nuns patch dynamical inebriate on August 1, 2010, in Prince William County, Virginia. He has been live with involuntary manslaughter and drunken driving.
But this is not the prototypal instance the banned outlander was in pain with the law. Montano had been arrested on digit prior inebriate dynamical charges. He was placed in the safekeeping of federal migration officials in 2008 and was regular for deportation, but was released on his possess recognizance pending a banishment chance that never took place. (Montano appears to be meet added banned outlander to goodness from the federal government’s “catch and release†program.)
Homeland Security Secretary Janet Napolitano blustered over the incident and ordered an enquiry on August 2, 2010, to watch ground Montano’s remotion impact took so long. However, Homeland Security initially refused to promulgation the inform documenting the results, prompting Judicial Watch to enter its Freedom of Information Act causa on December 2, 2010. Homeland Security then united to promulgation the inform before reneging terminal week.
One crapper draw a closing — an almost inevitable digit — that the test Homeland Security inform on the banned outlander nun-killer contained harmful revelations. So today Obama appointees are cleaning the report. As this inform supposedly went to Secretary Napolitano, this gossip seems to go to the top. I conceive we hit a cover-up in the making; which is ground Judicial Watch module advise to fight aggressively in suite for the immediate promulgation of this report.
Until next week…
Tom Fitton President Judicial Watch is a non-partisan, educational foundation designed low Section 501(c)(3) of the Internal Revenue code. Judicial Watch is sacred to fighting polity and judicial immorality and promoting a return to ethics and morality in our nation’s unstoppered life. To attain a tax-deductible effort in hold of our efforts, click here.
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