Lake Erie Conservative

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Archive for the ‘rule of law’ Category

… We are a Nation of Laws …

Posted by paulfromwloh on Monday,January 2nd,2017

.. and we have a right to expect that the Administration enforce the ” body of law ” as a whole .

.. the Federal Government has a need and a right to set priorities and make choices . But , it should be made known that the entire work , the entire ” body of law ” as a whole should be enforce . In that way , our rights and liberties will be safeguarded , and the Government will respect our laws and our system of government …

.. [h/t — RealClearPolitics]..
.. [link] to the commentary ..

.. not treat our system and laws like that of a ” banana republic … “

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… Voter I.D. is Moving in Ohio [#voter fraud]…

Posted by paulfromwloh on Wednesday,November 30th,2016

.. unfortunately , it will not be in time for this fall ‘ s elections …

.. the state legislature is taking up another election reform bill . Especially since the GOP will still be in control , and Jon Husted [GOP SecState] will likely be the chief elections officer , the legislature does not have to double – time the issue …

.. [h/t — m.NationalReview.com]..
.. [link] to the blog post …

.. the question will likely brought up again in the new edition of the legislature that will take office in January . Kasich will still be around [having been easily re – elected], so getting the bill thru will not be a problem . Setting it up for the early voting period will get interesting , though , to see how they require documentation to be submitted …

.. it will hit me . I have a driver ‘ s license , a state i.d. , and a US passport . It is plenty enough documentation for what will be required …

— [update]– hopefully , it will move in the post – election special session . it is possible , but it is not likely ….

.. a much more likely possibility is that the new legislature will take it up . Amazingly enough , the drubbing that the DemoCraps took at the polls on November 4th , 2014 had the predictable result — the Dems lost even more seats in the legislature , if that were possible . now the Dems are down to only 34 Dems in the State House , and 9 in the State Senate …

.. what that will allow is a provision of the Ohio Constitution , one that allows the Legislature to adopt a bill with a 3/5ths majority . It is usually done to adopt and pass a bill as an emergency [in a big hurry] . In this case , it is not needed . This provision is used to block any possible initiative or referendum that could possibly be mounted by interest groups to try to repeal the bill .  With a 3/5ths vote , un – uh … that move is not allowed …

.. expect a court fight (again) over this one . The NAALCP and the ACLU will go hyper – spastic over it . Knowing the ObamaCraps are still around , the Holder Department of InJustice will probably stick its nose in on their behalf …

.. someone should remind them … by a solid [7 to 2] precedent in Indiana [under the Voting Rights Act] , Voter ID has been found kopasetic by the US Supreme Court , so , enough already …

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… This Could Be a Game Changer [#IRSGate]…

Posted by paulfromwloh on Monday,November 7th,2016

.. now , the I.R.S. is pinned …

.. they have admitted it .

.. the Lerner e – mails do exist . They have been subpoenaed . They have also been F.O.I.A.ed (by Judicial Watch , naturally) …

.. so , guess what time it is ?? …

.. [h/t — HotAir.com]..
.. [link] to the blog news …

.. it is time to cough them up . It would be preferable that it be done by a tech expert , overseen by a Special Master , appointed by a federal court . Then , things could get very , very interesting …

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… I have Heard of Stupid [#DemoCrap Misconduct]…

Posted by paulfromwloh on Friday,October 7th,2016

.. but this is beyond outrageous …

.. congressional oversight is an important part of Congress ‘ job . Besides the making of law and the changing of law , understanding and investigating what is going on in the government at large is damned important . However , Congress is only one part of a 3 – part system of government …

.. Congress relies on the separation of powers . Congress can issue a subpoena , but it relies on the other two branches to enforce a subpoena . The judicial branch will clearly enforce one , but what about when the executive branch is clearly failing to do its job ….

….Right now , I believe the Executive branch is failing in its duty . They should be acting to enforce a Congressional subpoena . However , right now , they are not doing so . They are actively working to obstruct the work of Congress by failing to do so . Worse is the conduct detailed here …

.. [h/t — LegalInsurrection.com]..
.. [link] to the news article …

… from Investor ‘ s Business Daily [ and Legal Insurrection.com]…

DOJ Working With Elijah Cummings To Protect The IRS

An aide to the attorney general accidentally calls the office of the House Oversight Committee chairman, asking for help in spinning the defense of the agency whose head just said they obey the law when they can.

We have commented many times of the all-too-cozy relationship between the IRS and Democratic members of the House and Senate, with members writing to the agency demanding that specific conservative groups and political action committees they find particularly irritating be subject to the “special scrutiny” that the Tea Party and other conservative and religious groups were subjected to in the ongoing scandal.

Of particular interest to us has been Rep. Elijah Cummings, D-Md., ranking member on Rep. Darrell Issa’s House Government Reform and Oversight Committee, who has made every effort to keep the committee from finding out the true extent of IRS corruption and abuse of power in its targeting of conservatives…

Now we have Brian Fallon, a former aide to New York Democratic Sen. Chuck Schumer and a communications aide to Attorney General Eric Holder, who mistakenly called Issa’s office thinking it was the office of Cummings and asked for help in leaking documents to selected reporters for the purpose of creating media spin before Issa and his committee could make them public.

As Jonathan Strong reports at Breitbart News, now the subject of an IRS audit, a letter sent by Issa to Holder about the call “describes Fallon as ‘audibly shaken’ when he realizes his request to leak documents to help get ahead of news stories about them was mistakenly made to the very office he was seeking to undermine.”

.. The Executive is actually acting in concert with the House minority to obstruct the investigative acts of the House majority . They are leaking news stories through to the House DemoCraps , who then leak them to so – called ” friendly ” members of the LameStream media . They do it to try to get ahead of a news story in order to manage a news cycle …

.. it is , to say the least , not what they should be doing . They should be co – operating with the House and the Senate , fairly and equally , no matter who runs the place . Conspiring with one side against the other helps to damage our system of government and helps to endanger our rights …

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… the Federal District Judge will have to Review This [#T.I.G.T.A.]…

Posted by paulfromwloh on Wednesday,September 7th,2016

.. this pertains to the F.O.I.A. fight that Cause of Action has mounted against the ObamaCrap Administration . They have submitted a request for documents . The ObamaCraps have fought it every step of the way …

.. this sucker has made it to federal court , more than once . It will , once again . The judge will have to review the documents in question …

.. [h/t — WashingtonExaminer.com]..
.. [link] to the blog news piece ..

.. the big headache is what to do with the taxpayer information , if any , that made its way into those e – mails . The judge will have to determine if any of it , or that from a tax file , are present . If either is the case , then the judge has to decide to release the documents , but in redacted form , or release them as is , no matter what the form …

Posted in law enforcement, legal info, legal question, media blunder, personal opinion, rule of law | Tagged: , , , , , , , , | Leave a Comment »

… the I.R.S. is Doing What [#secret deal]…

Posted by paulfromwloh on Monday,August 29th,2016

.. you have got to be kidding .

.. making a secret deal is bad enough . Doing it with the anti – religious radicals at the Freedom from Religion Foundation is even worse …

.. What could be even worse ? ..

.. [h/t — pjmedia.com/tattler]..
.. [link] to the blog article …

.. these two parties working to enforce a blatanly unconstitutional law . That is the definition of worse . The Johnson amendment was a creation of then – Senate Majority Leader Lyndon B. Johnson . He hated the guts of a number of Texas pastors who were blasting him and his policies . So , he developed a way to work to ” silence ” them . Thus the Johnson Amendment …

.. given the legislative history , and the bill ‘ s intent , it is clearly unconstitutional . It was intended to silence people who had and have every perfect right to speak out in public . Even if they want to politic from the pulpit …. Given past and present practice , the DummyCraps are hardly one to complain about it . They get away with bloody murder every election season , so zip it . Quit complaining about it . Strike the damn amendment …

Posted in 1st Amendment, body of law, personal opinion, rule of law | Tagged: , , , , , , , , , , , | Leave a Comment »

… Harvard should be Ashamed [#Sexual Harassment Policy]…

Posted by paulfromwloh on Wednesday,April 20th,2016

.. the College has adopted a new policy .

.. like many colleges and universities , it has turned the notion of due process into an obscene joke . Anyone who is accused is inserted into , in effect , the ” star chamber ” process . It will be next to impossible for anyone [guilty or innocent alike] to defend themselves …

.. [h/t — m.NationalReview.com]..
.. [link] to the commentary …

.. 25 Harvard Law professors came out with a signed letter in the Boston Globe , roundly condemning the policy . They strongly advocate that the college start all over again , and derive a new and fairer policy , one that gives people who are accused a fair shot to defend themselves …

.. I highly concur . I have seen university disciplinary procedures in action , They are no fun . At least , not guilty or guilty , an accused person should have the right to defend themselves . Even more important . they should have the presumption of innocence , and their guilt beyond a reasonable doubt must be proven …

.. this needs to be done , because a proceeding , especially with a state school , can easily find itself hauled into court . A judge will measure the proceeding , and ask : was the process fair ? was the judgement fair ? …

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… POTUS gets Bitch – Slapped [#Judge jeanine Pirro]…

Posted by paulfromwloh on Monday,March 28th,2016

.. she really hit a grand slam in her opening on Saturday Night ..

.. I am really sorry that I missed it . Well , I have seen it now , and Wow !!!! ….

.. [h/t — theRightScoop.com]..
.. [link] to the Opening Statement …

.. Jeanine Pirro has been a county legislator , a county prosecutor , a federal prosecutor , and a county judge [all in NY state]… so , she knows more than a little about ” prosecutorial discretion … ”

.. she really ” bitch – slapped ” POTUS back and forth like a ancient Jedi master the other night . Wow ! …

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… What Taxpayer Info ?? [#Cause of Action]…

Posted by paulfromwloh on Sunday,March 27th,2016

.. Cause of Action has really popped up a super hot potato . I just think that they do not realize how hot a potato that it really has become …

.. those documents [e-mails] that they have requested from Lois Lerner and her office evidently are really dark navy blue hot . Yes , that hot . it is as hot , temperature – wise [on the science scale] as it gets …

.. T.I.G.T.A. is balking at releasing the e – mails because of taxpayer information …

.. [h/t — WashingtonExaminer.com]..
.. [link] to the news article ..

.. What info is there in those docs ?
.. Whose info is it ?
.. Individual tax info , businesses , or organization ?
.. Where did it originate ?
.. Where was it sent from ?
[presumably Lois Lerner ‘ s office]
.. more interestingly ,
where did the e – mails go ? To who , and where [especially at the ObamaCrap White House , if at all ?? ]..
.. Why ? [if it can be determined]..
.. When ?
.. For What purpose ? [if it can be determined]…

.. when we get answers to many of these questions , IRSGate COULD ROCKET OFF the scandal scale like crazy …

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… the Strength of Charachter [#pro life stand][#stormans v weisman]…

Posted by paulfromwloh on Tuesday,March 22nd,2016

.. this one is about a pharmacy in Washington state …

.. the state of Washington adopted some really silly and immoral regulations regarding the stocking and sale of the pro – abortion pills thus known as ” Plan B . ” The pharmacist in this case is a strong pro – lifer , and thus refuses to do so . They have turned about , and have sued …

.. [h/t — theRightScoop.com]..
.. [link] to the pro – life story …

.. so far , the pharmacy is holding its own . It won its case at the federal District Court level . They won a resounding victory , overturning the state ‘ s regulations and rules . The federal judge ripped the state a brand new one for doing what it did …

.. now , it [the case] is at the appeals court level [the 9th Circuit]. In this circuit , that case has no easy task ahead of it . The 9th Appeals Circuit is notoriously ultra – liberal , and the chances of the decision being upheld are not the best . However , the Supreme Court beckons , I think …

.. may God Bless them , and give them Good Luck !! …

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… The Issue is ” Disparate Impact ” [#legal theory]…

Posted by paulfromwloh on Saturday,December 5th,2015

.. my home state of Ohio is involved in one honey of a brawl over the management of early voting . It is a doozy . Now the US Supreme Court has gotten involved . They had no choice , to be honest …

.. The political leadership thought that there needed to be ” reform of the reform . ” Early voting is nice , to be sure . But it is too much of a good thing . The Ohio Legislature acted to bring some rhyme and reason , along with some restraint to the process . They pulled back the reins on the Early Voting process , and granted the county boards of election [who , along with the Secretary of State , manage the process in Ohio] more ability to manage their financial and personnel resources …

.. The radical left had a massive hissy fit . So , as usual , they decided to bring a lawsuit . They wanted to find a ” friendly judge . ” Unfortunately , downstate , in the central and southern districts of the state , they found one .  The radical activists sought out a friendly judge in order to get a favourable ruling in their lawsuit . They brought the lawsuit in order to bring back elements of early voting that the state of Ohio does not deseire to have remain in effect …

.. These are things that the State has found are totally unnecessary .One is ” Golden Week , ” where people may register and then vote at the same time . That is outrageous . A county board of elections in my state deserves the right to check databases in order to verify the legitimacy of the registration . Another is evening voting , along with Sunday voting . The BOEs have a right to manage their resources , according to the will of the vovters and the legislature of the State of Ohio . It is not the province of a radical activist judge , whether it be a district court judge , or a group of appeals court judges , to impose their judgement , where their idea of the law has been total rejected by the vast majority of the courts …

.. Theier problem is over what is known in legal circles as ” disparate impact ” legal theory . Generally , you need to have direct impact of evidence of discrimination to interfere with their management of their affairs . What disparate impact does is sinister . It infers discrimination based upon the numerical impact on various ” protected classes , ” such as minorities . Once that happens , then the burden of proof flips to the other party to prove legitimacy , which , usually is next to impossible …

.. The impact of ” disparate impact ” usually ends up leading to greatly enhanced affirmative action . Not just affirmative outreach to affected groups , mind you … It means the adoption of numerial goals , or , in effect , quotas , by class , gender , etc …

.. there you see the problem . The liberals and the radical activists still cling to this outdated and racist legal theory . It has been discredited , time after time after time . Yet , these nutjobs still act to cling to this …

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… No , Mr. Attorney General , You are Grossly Mistaken [#law enforcement]…

Posted by paulfromwloh on Sunday,January 25th,2015

.. AG Eric Holder feels that his biggest failure as Attorney General was the failure to enact gun control . He is grossly mistaken …

.. [h/t — TruthRevolt.org]..
.. [link] to the interview segment ..

.. What is his biggest failure ? My guestimate is that his gross failure to enforce the law . He has failed at that very , very badly . His gross misuse of the tools of his office is a close second …

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… the Michael Brown case is going to be a Difficult One [#grand jury]…

Posted by paulfromwloh on Thursday,October 30th,2014

.. if this news report is to be believed …

.. granted , it is the New York Slimes . So , take it with a grain of salt (or two) …

.. but , it is obvious that Ptl. Darren Wilson was seriously injured by this perpetrator (Michael Brown) . Brown was the aggressor . He attacked Wilson in his patrol car . He head – butted him . He punched him several times . Also , the perpetrator went for the gun , and there was a struggle for it . The gun went off several times …

.. [h/t — NewYorkSlimes.com]..
.. [link] to the news story …

.. so , the grand jury is going to be presented with a very serious problem . Is a police officer to be stripped of his right and ability to defend himself , especially if the perpetrator is the aggressor , and seriously injures an officer . The officer should then be justified in using appropriate lethal force to bring the suspect to justice ….

.. — [update] — there has been more information that has leaked out . it makes patrolman Darrren Wilson ‘ s story a good bit more believable . It also serves to discredit many of the eyewitnesses to the shooting . The plot thickens ….

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… Scott Brown has a Good Point [#citizenship]…

Posted by paulfromwloh on Thursday,September 4th,2014

.. he raised this point …

.. if an American went to join a foreign terrorist organization , and it can be documented …

.. [h/t — TruthRevolt.org]..
.. [link] to the blog post …

.. then they can and should be stripped of their American citizenship . For foreign – born jihadis , this would be fairly simple . But for native – born citizens , it would be difficult . Still , it should be attempted , to send a message to these jokers ….

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… Megyn Kelly is Right ! [#blasting Mo. Governor Nixon]…

Posted by paulfromwloh on Wednesday,August 27th,2014

.. she is spot – on right …

.. [h/t — m.NationalReview.com]..
.. [link] to the show segment …

.. she made the point that Missouri Governor Jay Nixon was extraordinary and highly irresponsible in making the comments that he did in urging a ” vigorous prosecution . ” …

.. A grand jury investigates , first , what happened . Then , once one is fairly sure that they have presented a sufficient case , then the prosecutor asks the grand jury to hand up an indictment , or not . They may not . They can vote a ” True Bill ” [an indictment] on the proposed charges , or ” no True Bill , ” thus clearing an individual …

.. that is something that many people do not understand . They understand the trial court process . But , they do not understand the grand jury process , or what it is supposed to do , or achieve …

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… What is Louisiana Thinking [#religious freedom]…

Posted by paulfromwloh on Sunday,August 3rd,2014

.. or , unfortunately , lack thereof ..

.. I am a Roman Catholic . I have been to the confessional , and understand what it means . I studied about it a lot when I was a part of the R.C.I.A. [Rite of Christian Initiation in Adults] . So , it hits very close to me .

.. [h/t — m.NationalReview]..

.. [link] to the editorial..

.. they would force a priest to violate the sanctity of the seal of the confessional ? That is nuts …

.. how the state of Louisiana could have adopted such a law is insane . They affect the religion and rights of anyone and everyone , whether they are Catholic or not . This law hits the ” priest – penitent ” privilege , because it is also known as the ” pastor – penitent ” privilege , no matter what the religion or the faith …

.. I hope Louisiana changes this law , and soon . I think that the shock of what the Louisiana Supreme Court has done has gotten their attention …

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… The N.A.G. Gang wants anti – religious tyranny [#bigotry]…

Posted by paulfromwloh on Monday,July 28th,2014

.. NOW is very , very unhappy with the Hobby Lobby decision . They are so unhappy that they are advising POTUS to go waaaaay over the line with another of his executive orders ….

.. [h/t — Townhall.com/tipsheet]..
.. [link] to the commentary ..

.. basically , NOW wants POTUS to effectively shred the Hobby Lobby decision , by eliminating it where it deals with federal contractors ….

.. Haven’t the NAGs remembered that the law overrules E.O.s (executive orders) , and the Constitution overrules both of them . Even if POTUS wanted to , any court worth a damn would throw his action O-U-T the door as a gross abuse of power …

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… A Trip Back in Time [Clinton White House memos]…

Posted by paulfromwloh on Saturday,July 26th,2014

.. this one is about the confirmation of Supreme Court associate justice Ruth Bader Ginsberg …

.. there is a great deal of grief about Ginsberg and her ” extreme ” liberal views . Well , if she were that extreme , then why nominate her in the first place …

.. [h/t — WashingtonFreeBeacon]..
.. [link] to the news story …

.. time and history has proven them right . Ginsberg has proven herself to be an extremist liberal lunatic . There is little likelihood of her and her ilk being appointed to replace her …

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… One Thing that Would help a New V.A. Secretary …

Posted by paulfromwloh on Monday,July 21st,2014

.. besides new authority , and a reorganization , one that he / she can implement ?? …

.. [h/t — HotAir]..
.. [link] to the blog post …

.. putting the fear of God into the VA workforce …. by the appointment of an Independent Counsel ..

.. there is plenty of business to investigate …. all over the country . It will take years . It will also help pressure the VA to get its act together while testifying before Congress . If they get caught fibbing , the Counsel will come down on them like a load of bricks …

.. there are other cases where an Independent Counsel is needed , God knows … IRSGate , Fast & Furious , for example . This one cries out for one , so that those idiots at the V.A. understand what they have done is I-L-L-E-G-A-L ….

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… What You are Doing is Immoral and Evil [#defending so-called same – sex marriage]…

Posted by paulfromwloh on Friday,July 18th,2014

.. so – called same – sex marriage is immoral .

.. so – called same – sex marriage is unnatural .

.. even more than that , it is evil .

.. you propose to create same – sex marriage , and do it by judicial fiat .

.. [h/t — theHill]..
.. [link] to the article ..

.. new law is created by a Governor and a legislature , or by Congress and a President . It is not created by a judge . Judges interpret the law , as well as the Constitution . They do not create law . To do so is an impeachable offense …

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… Don’t Tell Me that POTUS is This Stupid ! [#illegal immigration]…

Posted by paulfromwloh on Sunday,July 13th,2014

.. I am thinking that he just might be that stupid …

.. he must really want to face impeachment , and more legal action …

.. [h/t — HotAir]..

.. [link] to the blog news …

Obama told the groups what they had been dying to hear—that he was going to condemn House Republicans for inaction and set the most expansive legal course permissible to beef up border security, slow deportations of noncriminal aliens, and provide legal status to millions of undocumented workers—all by himself…

Obama made it clear he would press his executive powers to the limit. He gave quiet credence to recommendations from La Raza and other immigration groups that between 5 million to 6 million adult illegal immigrants could be spared deportation under a similar form of deferred adjudication he ordered for the so-called Dreamers in June 2012.

That executive action essentially lifted the threat of prosecution and deportation for about 670,000 undocumented residents—those older than 15 and younger than 31 who had been brought to America before their 16th birthday.

Obama has now ordered the Homeland Security and Justice departments to find executive authorities that could enlarge that non-prosecutorial umbrella by a factor of 10.

 

.. LEC here again — given that Gov. Brewer in Arizona is headed for a head – on confrontation over this stuff , based upon driver licenses that her state should or should not [I read : should not] issue to the D.A.C.A. crowd …. they are not here legally , and Obama has no controlling legal authority to do this , or even D.A.C.A. ,  in the first place ..

.. that case is already at the 9th Circuit , and Gov. Brewer [and / or her successor] could end up taking the case directly up to the U.S. Supreme Court , and transform the case into one challenging Obama ‘ s gross abuse of his powers of his office …

 

The only surprise is the timing. Garrett isn’t firm on it but I get the sense that O’s thinking of making a move sooner rather than later, which would be quite a curveball ahead of the midterms. (Amnesty champion Frank Sharry, who attended the meeting with Obama, said of the timeline “He didn’t seem to give a sh*t.”) The whole point of giving House Republicans time to pass a bill this year, I thought, was so that Democrats wouldn’t have to risk a nasty backlash in November by doing something bold on amnesty by themselves. Maybe the timing is negotiable: If, say, the new ObamaCare rates this fall are bad and the Dems are suddenly staring at a rout, O might decide at that point that he’s got nothing to lose by upending the table politically with an order that effectively amnestizes five million people. If, on the other hand, we get a few more solid jobs reports, he’ll be more inclined to go slow and postpone amnesty until next year. The true target here is 2016, remember, a point that White House officials themselves made to Garrett. The presidency will be in play, Democrats will be on offense in Senate battlegrounds, and Latino turnout will be up. No sense wasting an amnesty mega-pander now if it can be saved for later, especially if Obama still thinks there’s a chance Congress might pass something next year.

.. Major Garrett ‘ s article , from the National Journal ….

By Major Garrett
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July 3, 2014

More than a dozen center-left and hard-left immigration groups sent representatives to what sounded like another uninspiring strategy session in the White House’s Roosevelt Room with senior Obama adviser Valerie Jarrett and Cecilia Munoz, head of the Domestic Policy Council.

It was early Monday afternoon, and none of the participants seated around the long rectangular table had any inkling President Obama was pissed. They would soon find out. Moreover, they would discover, to their surprise, that Obama was no longer pissed at them, but with them. This being a meeting of Democratic allies, of course, some of the groups eventually found a way to get Obama pissed off at them all over again—over the issue of unaccompanied minors at the border.

But first, the story of the day was that Obama became unplugged on immigration, took his temper off mute, shook up the underlying base politics of the next two elections, and turned up to boil his long-simmering feud with Republicans over the constitutional limits of executive power.

Jarrett and Munoz called the meeting to order and, according to participants, expectations were low and anxiety high. A quick look around the table revealed the still-smoldering wound Obama felt after being branded “deporter-in-chief.” The authoress of the hottest barb ever directed at Obama by the Left, Janet Murguia of the National Council of La Raza, was conspicuously absent. No representative of La Raza was even invited.

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It was hard for anyone to imagine new possibilities for the White House with this schism so apparent.

Those who were there—the Service Employees International Union; AFL-CIO; Center for American Progress; Leadership Council on Civil Rights; America’s Voice; the National Immigration Law Center; United Farm Workers; Center for Community Change; and others—expected another dreary appeal from Jarrett and Munoz to give House Speaker John Boehner until the August recess to try to move some form of immigration legislation. The immigration groups were fed up with what they had long regarded as Obama’s doughy diffidence and had no stomach for another “stay-the-course” soliloquy from Jarrett and Munoz.

What the immigration advocates couldn’t help noticing were the two empty chairs at the center of the table on the Oval Office side of the Roosevelt Room, opposite the visitors’ entrance.

Jarrett and Munoz sat on either side of the empty chairs and White House counsel Neil Eggleston was to Munoz’s right. Jarrett and Munoz were in the opening stanza of their immigration update when Obama and Vice President Joe Biden walked in and sat down. They stayed for more than an hour, Obama doing most of the talking and never referring to notes. Biden chimed in only when, later on, the debate turned to the current border crisis over unaccompanied minors.

Obama told the group that Boehner had informed him on June 24 there would be no votes on immigration before the midterm election but that he believed there was a good chance a comprehensive bill could pass in the next Congress. The president also told the group that Boehner urged him not to press ahead with executive action because that would make legislating more difficult next year.

Obama told the group, according to those present, his response to Boehner was: “Sorry about that. I’m going to keep my promise and move forward with executive action soon.”

In the room, there was something of a collective, electric gasp. The assembled immigration-rights groups had been leaning hard on Obama for months to use executive action to sidestep Congress and privately mocked what they regarded as Pollyanna hopes that House Republicans would budge. They had been burned before. Obama reversed himself in late March and slammed the brakes on Homeland Security Department studies of slowing deportations in the name of “humane” treatment, all in the name of giving House Republicans more time on immigration reform.

Ever since, immigration groups on the left despaired over Obama’s credulous paralysis. Protests ensued.

Not any longer. Obama told the groups what they had been dying to hear—that he was going to condemn House Republicans for inaction and set the most expansive legal course permissible to beef up border security, slow deportations of noncriminal aliens, and provide legal status to millions of undocumented workers—all by himself.

“He went from hanging back to calling the question and retaking the initiative,” said Frank Sharry, executive director of America’s Voice. “I kept thinking, ‘Where has this guy been?’ He’s going on offense. He was a different guy. He was unplugged. After months of him and his team being angry with advocates for putting pressure on him to take executive action, it became clear he was no longer going to use the prospect of legislation to deflect attention and pressure from him.”

Obama made it clear he would press his executive powers to the limit. He gave quiet credence to recommendations from La Raza and other immigration groups that between 5 million to 6 million adult illegal immigrants could be spared deportation under a similar form of deferred adjudication he ordered for the so-called Dreamers in June 2012.

That executive action essentially lifted the threat of prosecution and deportation for about 670,000 undocumented residents—those older than 15 and younger than 31 who had been brought to America before their 16th birthday.

Obama has now ordered the Homeland Security and Justice departments to find executive authorities that could enlarge that non-prosecutorial umbrella by a factor of 10. Senior officials also tell me Obama wants to see what he can do with executive power to provide temporary legal status to undocumented adults. And he will shift Immigration Control and Enforcement resources from the interior to the border to reduce deportations of those already here and to beef up defenses along the border.

“Things were getting ragged with some of the immigration groups,” said Marshall Fitz, director of immigration policy at the Center for American Progress. “Many of us had long drawn the conclusion the House Republicans were not going to budge. After Obama spoke, the vibe was, ‘Wow. This is a very clear, very serious pivot.’ ”

There ensued a brief debate about the underlying politics of executive action in the shadow of the midterm elections—whether it would motivate Latinos and progressives in larger numbers than tea-party-inspired GOP voters; would it cut for or against Senate Democrats in red states like Louisiana, Arkansas, Alaska, North Carolina, and Georgia; and how it would play in 2016.

“He didn’t seem to give a shit,” Sharry said. “It was clear he was going on offense and going to run to the question.”

Within the White House, the sense is that Obama’s coming moves on immigration will not help anywhere but Colorado and possibly Virginia. Advisers hope, perhaps unrealistically, there will be a red-state push. The 2016 calculus is completely different. Inside and outside the White House, the consensus is that GOP inaction on immigration reform will define the campaign and any attempts to draft legislation in the next Congress—with or without a GOP majority in the Senate and the House—will complicate political prospects for Republicans seeking the presidential nomination and for Senate Republicans up for reelection in blue states, people like Florida (Marco Rubio), Illinois (Mark Kirk), Iowa (Chuck Grassley), Ohio (Rob Portman), Wisconsin (Ron Johnson), and Pennsylvania (Pat Toomey).

But that’s not the end of the immigration story, politically or otherwise. The fury over Obama’s looming executive actions will come. And it will be loud. But the current crisis over unaccompanied minors at the southern border is also a prism for Obama’s willingness to use the law to deport illegals—even children in desperate circumstances.

That issue also arose in the Roosevelt Room, and it drove a deep wedge between Obama and the immigration groups reunited moments before around the executive-action strategy.

According to those present, Obama was focused entirely on future executive actions when Gustavo Torres of CASA de Maryland asked about the unaccompanied minors and Obama’s desire to expand his power to deport the children, returning them, in most cases, to El Salvador, Guatemala, and Honduras. Obama said his goal was to provide humanitarian assistance, speed up the processing of the cases under the law, and ask Congress for up to $3 billion for housing and temporary courts to process and deport those without legal standing.

To many in the Roosevelt Room, this sounded technocratic and procedural and borderline inhumane. Marielena Hincapie, executive director of the Los Angeles office of the National Immigration Law Center, urged Obama to look at the human tragedy of children fleeing violence in their home countries and consider whether swift deportations would deny them due process.

Obama, according to those present, argued forcefully that the U.S. had to signal its intent to enforce the law through deportations and that failure to do so could lead more children to die en route to the southern border or take scandalous risks by traveling with smugglers or on the roofs of trains. He could not, in good conscience, give any remotely encouraging signal to children or their parents to risk their lives, as many had already done in coming to America’s doorstep.

Angelica Salas, executive director of Coalition for Humane Immigrant Rights of Los Angeles, piped up and warned Obama that the driving energy to reach the United States could not be stopped. “Mr. President, when my family and I came to the country, I was 5 years old, and when we were caught crossing the border and were sent back, we didn’t give up,” Salas said. “We kept trying until we made it.”

Obama, according to those present, would have none of it. Kids all over the world have it tough, he said. Even children in America who live in dangerous neighborhoods would like to live somewhere else, but he can’t solve everyone’s problems. He told the groups he had to enforce the law—even if that meant deporting hard cases with minors involved. Sometimes, there is an inherent injustice in where you are born, and no president can solve that, Obama said. But presidents must send the message that you can’t just show up on the border, plead for asylum or refugee status, and hope to get it.

“Then anyone can come in, and it means that, effectively, we don’t have any kind of system,” Obama said. “We are a nation with borders that must be enforced.”

The discussion ended amicably if unsatisfactorily. Obama thanked the advocates for their passion and said he understood their concerns about due process for unaccompanied minors but remained resolute about deportations.

“The issue is real, and the solutions are unattainable in the short term,” said Fitz of American Progress. “Everyone understood that. The families of these children are making a dire decision, and the president didn’t want that decision infused with the false hope that there was a golden ticket waiting for them on the border. ”

In this regard, Obama has aligned himself with congressional Republicans, even though they acknowledge it only rhetorically. Obama will soon ask Congress for more power to deport the unaccompanied minors, rankling Democrats like Sen. Robert Menendez, chairman of the Foreign Relations Committee. Menendez was displeased when briefed last week on Obama’s enforcement plans. House Republicans may prove receptive to the money and the deportation authority when it comes time to write a continuing resolution.

Either way, Obama’s now struck his own path on the larger issue of comprehensive immigration reform and unaccompanied minors on the border, pleasing no one completely in the process.

Obama’s Independence Day came June 30, four days early. On this issue, it was, and will remain, a day to remember.

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… The Pro – Lifers Win a Big One [#US Supreme Court]…

Posted by paulfromwloh on Sunday,July 6th,2014

.. and this is my neck of the woods , sort of …

.. this is a SCOTUS case from downstate Ohio . The Susan B. Anthony List ( a well – known pro – life group) wanted to challenge the honesty and veracity of a Congressional candidate [actually a sitting DemoCrap congresscritter] .. Well , the DemoCrap did not like it one bit . He challenged it in front of a body called the Ohio Elections Commission . The O.E.C. found that the ad was supposedly ” false , ” and fined the List a small amount of money . The case though was dropped when the DemoCrap lost his re – election big …

.. [h/t — SCOTUSblog.com]..
.. [link] to the blog news & court opinion …

.. Well , the Susan B. Anthony List did not forget . They sued in federal court , challenging the constitutionality of the Ohio statute . The US Supreme Court ruled today , unaminously , that the action of the O.E.C. was unconstitutional …

.. Now , the List can continue in the federal court . What they may want to do is to challenge the constitutionality of the basic statute , now that they have won the underlying original case …

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… Ambiguity in the Clean Air Act [& Amendments] …

Posted by paulfromwloh on Saturday,July 5th,2014

.. yes , it does matter .

.. you might ask , huh ? ..

.. [h/t — m.NationalReview//BenchMemos]..
.. [link] to the blog post …

.. an agency gets a certain amount of latitude in how to interpret a statute . That latitude , due to a certain US Supreme Court case [Chevron v N.R.D.C.] is referred to as ” Chevron deference . It is actually quite simple , as it is a two – prong test . Part One is Congressional intent . If Congress has clearly spoken , then that is it . Part Two is where things get a lot more dicey . If things are ambiguous , then is the agency ‘ s ” construction ” of the meaning reasonable and applicable to the statute . If not , then , down the drain …….

.. It matter a lot , because the ObamaCrap E.P.A. is using that ” Chevron Deference ” in order to be able to regulate ” greenhouse gases . ” If their interpretation is struck down , as I think is really possible , then His Lordship ‘ s ” Climate Change ” diktat is toast …

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