Go Back   Professional Soldiers ® > At Ease > The Soapbox

Reply
 
Thread Tools Display Modes
Old 12-04-2014, 12:53   #1
JJ_BPK
Quiet Professional
 
JJ_BPK's Avatar
 
Join Date: Apr 2008
Location: 18 yrs upstate NY, 30 yrs South Florida, 20 yrs Conch Republic, now chasing G-Kids in NOVA & UK
Posts: 11,901
Did POTUS not sign??

I know, WND is less than top tier news, but they do a little homework and this may be worth watching..

Have we been hood winked into thinking berry signed an executive order that he really didn't?? If you follow this thread, it looks like he did not sign what he said he did???

Maybe someone who has the POTUS Executive Order database or Federal Registry on their speed dial can take a peek??



Quote:
WND EXCLUSIVE
Amnesty shocker! The secret behind Obama's 'order'
President accused of 'sleight of hand' to protect self from impeachment
Published: 17 hours ago
author-image Jerome R. Corsi

NEW YORK – Did President Obama just set up Department of Homeland Security Secretary Jeh Johnson to be a candidate for impeachment instead of himself if conservatives convince the Republican majorities in the House and the Senate that his “executive actions” on immigration are unconstitutional?

The inquiry begins with the question: Where are the executive orders Obama supposedly signed to permit up to 5 million parents of young illegal aliens to remain in the United States for three years?

The White House appears to have engaged in administrative sleight of hand, changing U.S. immigration law not by executive order but by a memorandum “exercising prosecutorial discretion” Johnson signed the day of Obama’s Nov. 20 nationwide address that so far has not been filed in the Federal Register.

Tom Fitton, president of Washington-based watchdog institution Judicial Watch, told WND in an interview the legal status of Johnson’s memo is a serious constitutional question that deserves to be adjudicated.

“The entire implementing authority involves a memorandum published by DHS Secretary Jeh Johnson that changes the immigration law, directing federal money to be spent that has not been appropriated by Congress,” he said.

“In my view, there is a serious question whether Jeh Johnson should be impeached for taking this action, and a criminal investigation should be initiated to determine how and why federal funds are being misappropriated,” he declared.

Fitton said DHS “is being hijacked to implement actions Congress has neither authorized nor appropriated funds to accomplish.”

“All remedy options need to be on the table when attacking this threat to the Constitution,” he said.

On Wednesday, attorneys general in 17 states joined in a lawsuit filed by Texas attorney general and governor-elect Greg Abbott that charges the Obama’s immigration action violated the U.S. Constitution’s “Take Care” clause and failed to follow the Administrative Procedure Act’s guidelines for implementing new policies, including a comment period to outline the changes’ benefits, National Review’s Andrew Johnson reported.

Abbot said in a statement the president “is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite immigration laws, which he has no authority to do — something the president himself has previously admitted.”

The 16 other states are Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.

Showtime in Vegas

The White House drew attention to President Obama’s trip to Las Vegas Nov. 21, where he was expected to sign two executive orders that would revise his Deferred Action for Childhood Arrivals, or DACA. But a close examination of the executive actions Obama actually signed shows they had nothing to do with implementing the move he announced in his Nov. 20 White House address to the nation.

According to the White House website, on Nov. 21 Obama signed a presidential proclamation titled “Creating Welcoming Communities Fully Integrating Immigrants and Refugees” and a presidential memorandum titled “Modernizing and Streamlining the U.S. Immigration Visa System for the 21st Century.”

The first of the presidential actions, “Creating Welcoming Communities Fully Integrating Immigrants and Refugees,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, in the category “Presidential Documents” at page 70769, created a White House Task Force on New Americans to “engage with community, business, and faith leaders, as well as State and local elected officials.” The task force is designed to “help determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans.”

The second of the presidential actions, “Modernizing and Streamlining the U.S. Immigration Visa System for the 21st Century,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, in the category “Presidential Documents” at page 70765, empowered the secretaries of State and Homeland Security, in consultation with the director of the Office of Management and Budget, the director of the National Economic Council, the assistant to the president for homeland security and counterterrorism, the director of the Domestic Policy Council, the director of the Office of Science and Technology Policy, the attorney general, and the secretaries of Agriculture, Commerce, Labor and Education, to make a series of recommendations “to reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system” of issuing immigrant and non-immigrant visas.

The only Obama administration document relevant to altering DACA to accommodate the legislative changes announced in Obama’s address to the nation Nov. 21 is a DHS memorandum signed by DHS Secretary Johnson titled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents.”

The Federal Register lists 26 executive orders President Obama has signed this year, with the most recent being “Improving the Security of Consumer Financial Transactions,” signed Oct. 17 and published in the Federal Register Oct. 23.


The last item DHS filed in the Federal Register relevant to DACA was a form revision filed April 4 that had nothing to do with the actions Obama announced Nov. 20.

Who has the authority?

“What is clear is that Jeh Johnson was the vehicle chosen by the Obama administration to extend temporary residency status and work authorization to millions of illegal immigrants currently in the country,” Fitton told WND.

The “Guide to the Federal Rulemaking Process” published by the Office of the Federal Register specifies agencies “get their authority to issue regulations from laws (statutes) enacted by Congress.”

Read more at http://www.wnd.com/2014/12/amnesty-s...KGorxrroZEM.99
__________________
Go raibh tú leathuair ar Neamh sula mbeadh a fhios ag an diabhal go bhfuil tú marbh

"May you be a half hour in heaven before the devil knows you’re dead"
JJ_BPK is offline   Reply With Quote
Old 12-04-2014, 15:19   #2
tonyz
Area Commander
 
Join Date: Jan 2008
Location: USA
Posts: 4,792
Recent executive oders at links below - currently shows latest Obama oder published 10/23.

https://www.federalregister.gov/executive-orders

https://www.federalregister.gov/exec...ack-obama/2014
__________________
The function of wisdom is to discriminate between good and evil.

Marcus Tullius Cicero
tonyz is offline   Reply With Quote
Old 12-04-2014, 20:11   #3
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,824
Quote:
“The entire implementing authority involves a memorandum published by DHS Secretary Jeh Johnson that changes the immigration law, directing federal money to be spent that has not been appropriated by Congress,” he said.
Well, it may not have been appropriated but they're apparently recruiting big time to fill their new opns center in Crystal City - you know, so they can handle that "case by case" evaluation that Johnson has been challenged on so that whatever action it was or wasn't can meet a legal challenge. DHS, it appears to me, is simply reacting to a memo, directive in nature, which constitutes "commander's intent" and he's going to be left holding the bag for execution of same. He has 120 days from the 21 Nov date of the memo. (When does the new Congress get sworn in...?)

I wouldn't be surprised if, at this point, they simply feel they can dispense with even a POTUS-signed Executive Order. Who's there to challenge his edict, to actually DO something? This Congress? The next one?

Quote:
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Old 12-05-2014, 05:20   #4
Pete
Quiet Professional
 
Pete's Avatar
 
Join Date: Feb 2005
Location: Fayetteville
Posts: 13,080
MSM

As the MSM would say - "Fake - but accurate."
Pete is offline   Reply With Quote
Old 12-05-2014, 06:04   #5
miclo18d
Quiet Professional
 
miclo18d's Avatar
 
Join Date: Mar 2012
Location: Occupied Northlandia
Posts: 1,697
This crew says a lot but doesn't do much. They promised to close GITMO, yet even with a majority in congress, they didn't close it. It was a great campaign promise. You can keep your doctor. I'll bring to justice those that killed Americans in Lybia. Etc etc.

People it would seem love to hear the promises even if nothing ever gets done.

It's not the Emporer's new clothes, it's the people's new clothes.

I wouldn't be surprised if he said all this rhetoric about an executive order and never signed one. The people sure would beleive that he had signed it.
__________________
"The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles." — Jeff Cooper
miclo18d is offline   Reply With Quote
Old 12-05-2014, 06:43   #6
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,824
Quote:
Originally Posted by miclo18d View Post
I wouldn't be surprised if he said all this rhetoric about an executive order and never signed one. The people sure would beleive that he had signed it.
+1 because Pravda told 'em so.

The Making Believers Act
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Old 12-05-2014, 07:17   #7
miclo18d
Quiet Professional
 
miclo18d's Avatar
 
Join Date: Mar 2012
Location: Occupied Northlandia
Posts: 1,697
If I recall correctly he signed an exec order for gun control that really didn't say anything. It just reemphasized laws already on the books. Perhaps tightening some of the verbiage, but that was it. To me it's par for the course for this administration. I was looking at the exec orders year by year and most deal with investigations into train providers on behalf of unions.
__________________
"The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles." — Jeff Cooper
miclo18d is offline   Reply With Quote
Old 12-05-2014, 08:57   #8
sinjefe
Quiet Professional
 
sinjefe's Avatar
 
Join Date: Sep 2010
Location: Italy
Posts: 1,987
I am no lawyer. But, it would seem to me, that, while I don't agree with it, POTUS might have a leg to stand on if he simply said he was prioritizing deportations and his prioritizing put a section of illegals so far at the bottom that there would be no deportations for them. I think where the argument of unconstitutionality lies is with his going a step further and granting work visas for those individuals.

That seems to be a clear violation of federal law (not just creating a law where it doesn't exist). As near as I can tell, there are no provisions anywhere in federal law that allows someone who is here illegally to work (legally).

But, you don't hear that much even on the arguments that his opposition provides.
__________________
"Were you born a fat, slimy, scumbag, puke, piece 'o shit, Private Pyle, or did you have to work at it?" - GySgt Hartman
sinjefe is offline   Reply With Quote
Old 12-05-2014, 15:40   #9
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,824
Quote:
Originally Posted by sinjefe View Post
That seems to be a clear violation of federal law (not just creating a law where it doesn't exist). As near as I can tell, there are no provisions anywhere in federal law that allows someone who is here illegally to work (legally).

But, you don't hear that much even on the arguments that his opposition provides.
In my view you have the crux of the situation correctly sir. (In parlance, "what part of illegal don't you understand?")

The congresscritters were doing a fine job posturing the other day (on CSPAN in the hearing room with DHS Sec'y as witness) about the insane notion that the directive was within the law because it wasn't an "amnesty" - DHS was going to conduct individual case reviews - FIVE MILLION of them. (Ergo, USAJOBS website food, gotta have bodies, need more money, blah.)
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump



All times are GMT -6. The time now is 18:11.



Copyright 2004-2022 by Professional Soldiers ®
Site Designed, Maintained, & Hosted by Hilliker Technologies