In an interview on Fox News yesterday, Ken Paxton, the attorney general of the State of Texas, was asked whether America is heading toward “a constitutional crisis” because of Obama’s total disregard for Congress and now the courts. (The segment begins at the 2:55 mark in the Fox News video, here.)
“I think we are. If you think about what’s going on here — the President is violating federal law, the U.S. Constitution, which is going past what Congress is supposed to be doing, and now we’ve got the administration in court not being forthcoming about they’re supposed to be forthcoming about. We definitely have a huge issue here related to whether the Obama administration is going to follow the Constitution, and then once they get into court, whether they’re going to tell the truth.”
Paxton’s stunning remark was precipitated by Obama’s latest “F-you” to the court, specifically to Andrew Hanen, the federal judge who is single-handedly doing the job of the useless Congress by standing up to Obama’s reckless amnesty.
On Feb. 16, 2015, U.S. District Judge Hanen issued a preliminary injunction to temporarily block Obama’s amnesty so as to give a coalition of 26 states the time they need to pursue a lawsuit to permanently stop the amnesty orders. If the implementation of Obama’s amnesty were not blocked, Hanen reasons, the 26 states will “suffer irreparable harm in this case” because once the millions of illegals obtain amnesty, “the genie would be impossible to put back into the bottle.” (See “Federal judge stops Obama’s executive amnesty for illegals”)
At issue are two executive memoranda signed by Obama last November:
- The first memorandum expands eligibility for Obama’s 2012 Deferred Action for Childhood Arrivals (DACA) program, which halts deportations and allows work permits for certain undocumented immigrants brought to the country as children.
- The second executive memo, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.
Combined, DACA and DAPA could affect as many as 5 million immigrants living in the country illegally. Some estimates are as high as 10 to 12 million illegals.
4 days after Judge Hanen’s order blocking the implementation of Obama’s amnesty, the Department of Justice (DOJ) announced it would seek an emergency stay of the judge‘s injunction. (See “Obama emergency order to restart amnesty in defiance of federal judge Hanen”)
Hanen responded by denying the DOJ’s request. So the federal government has asked the 5th U.S. Circuit Court of Appeals in New Orleans to lift Hanen’s injunction while the case is appealed.
The latest tussle between Judge Hanen and Obama took place last Thursday, March 19, 2015.
As reported by FoxNews, at a Texas hearing on Obama’s amnesty executive actions, Judge Hanen sharply scolded a DOJ attorney — that the administration had misled Hanen on a key part of the program, for which Hanen fell “like an idiot.” Hanen said he could order sanctions against the administration if he finds the DOJ indeed had misrepresented the facts.
At issue is whether the DOJ had misled the judge into believing that a plank of the Obama amnesty program would not go forward before he made the Feb. 16 ruling to temporarily halt it. The program is the Deferred Action for Childhood Arrivals (DACA) that gives deportation reprieves (i.e., effective amnesty) to thousands of young illegal immigrants brought to the U.S. as “minors.” The problem is that even before Hanen’s ruling on Feb. 16 to block DACA’s implementation, federal officials had already given 3-year reprieves and work permits to more than 108,000 illegal aliens.
At the Thursday hearing, Hanen chided DOJ attorney Kathleen Hartnett for telling him at a January hearing before the Feb. 16 injunction was issued that nothing would be happening with regard to DACA until Feb. 18.
“Like an idiot I believed that,” Hanen said.
A flustered Hartnett repeatedly apologized to Hanen for any confusion related to how the reprieves and work permits were granted. “We strive to be as candid as possible. It truly became clear to us there was confusion on this point,” she said.
“Can I trust what the president says? That’s a yes or no question,” Hanen asked.
“Yes your honor,” Hartnett replied.
The coalition of 26 states have asked that Hanen consider issuing sanctions against the Obama administration because, in the words of the coalition’s lead attorney Angela Colmenero (who is also a lawyer with the Texas Attorney General’s Office), DOJ attorneys had made “representations (that) proved not to be true or at a minimum less than forthcoming.”
Obama’s DOJ lawyer Hartnett insists “There is absolutely no basis for sanctions here. The government is absolutely trying to do the right thing.”
Hanen said he would issue a ruling “promptly” on what action, if any, he will take against the Justice Department.
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