County Judge Looking To Make A Name For Himself Rules Against Trump

Florida Judge Rules Another Trump Immigration Order Unconstitutional

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AP/Mark Avery

by KEN KLUKOWSKI6 Mar 2017Washington, DC1,421

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A county judge in Florida has ruled unconstitutional on Tenth Amendment grounds another of President Donald Trump’s executive orders on immigration, this one concerning federal funding for sanctuary cities.

This week President Trump is signing a new executive order (EO) to replace Executive Order 13769, the one restricting immigration from seven terror-prone nations that had been stayed (i.e., put on hold) by left-leaning judges in first by Washington State and later by the U.S. Court of Appeals for Ninth Circuit, which the president signed on Jan. 27 of this year.

Often overlooked is an EO the president signed earlier that week. On Jan. 25, Trump issued EO 13768, concerning several other immigration issues, such as prioritizing the removal of criminal aliens.

Regarding “sanctuary cities”—cities and counties that refuse to cooperate with federal authorities on deportations—Section 2(c) of the earlier EO requires federal agencies that such cities “that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law.”

James Lacroix is an immigrant from Haiti who is in the United States under a special relief program after his country’s devastating 2010 earthquake. Since arriving, he has repeatedly driven without a license, which became a felony once he was labeled a habitual offender. So now he has been ordered deported after finishing his county jail time.

Lacroix petitioned for a writ of habeas corpus to order his release after he finished serving his jail time. The court for Florida’s Miami-Dade County noted that often:

Immigration and Customs Enforcement (“ICE”), the federal agency responsible for the deportation of those whose presence in this country is unlawful, will file a detainer or lodge a request with [local jail officials], seeking to have [local authorities] retain an inmate whom the [local authorities] would otherwise release, so that ICE can arrange to take custody of him.

The county jail continued to keep Lacroix under one such immigration hold. In the past Miami-Dade did not honor such requests, but changed course after Trump issued EO 13768, presumably so the county did not jeopardize the funding it receives from Washington, D.C.

Judge Milton Hirsch ordered Lacroix granted the writ of habeas corpus and ordered Lacroix released, holding that EO 13768 unconstitutionally coerces Miami-Dade County in violation of the Tenth Amendment. Hirsch construed the Supreme Court’s 2011 case Bond v. United States as empowering Lacroix to raise the claim that EO 13768 exceeds congressional authority under the Constitution’s Spending Clause, and therefore violates the Tenth Amendment.

The Supreme Court has previously only allowed states to make a coercion challenge against Congress. While this claim could possibly be raised by a county or city as part of the state, nothing in Supreme Court precedent suggests that individual persons can raise the claim. Moreover, all such Tenth Amendment claims have only been raised against the federal government, never in a case against state or local officials, as is happening here.

The case now goes to Florida’s court of appeals, and from there it can go to the Florida Supreme Court. Since it involves federal issues, it is possible for the U.S. Supreme Court to then weigh in on those claims.

The case is Lacroix v. Junior.

Ken Klukowski is senior legal editor for Breitbart News and a fellow with the American Civil Rights Union. Follow him on Twitter @kenklukowski.id not honor such requests, but changed course after Trump issued EO 13768, presumably so the county did not jeopardize the funding it receives from Washington, D.C.

Judge Milton Hirsch ordered Lacroix granted the writ of habeas corpus and ordered Lacroix released, holding that EO 13768 unconstitutionally coerces Miami-Dade County in violation of the Tenth Amendment. Hirsch construed the Supreme Court’s 2011 case Bond v. United States as empowering Lacroix to raise the claim that EO 13768 exceeds congressional authority under the Constitution’s Spending Clause, and therefore violates the Tenth Amendment.

The Supreme Court has previously only allowed states to make a coercion challenge against Congress. While this claim could possibly be raised by a county or city as part of the state, nothing in Supreme Court precedent suggests that individual persons can raise the claim. Moreover, all such Tenth Amendment claims have only been raised against the federal government, never in a case against state or local officials, as is happening here.

The case now goes to Florida’s court of appeals, and from there it can go to the Florida Supreme Court. Since it involves federal issues, it is possible for the U.S. Supreme Court to then weigh in on those claims.

The case is Lacroix v. Junior.

Ken Klukowski is senior legal editor for Breitbart News and a fellow with the American Civil Rights Union. Follow him on Twitter @kenklukowski.

Obama's "Legacy" Quickly Evaporating In 6 Days

Will Trump Follow Obama Advice?

Obama warns Trump against using the executive order too much — for real

Tré Goins-Phillips 3 hours

Image source: NPR/YouTube

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In what is certain to be seen as an ironic comment in the eyes of many of his detractors, outgoing President Barack Obama warned his successor, Donald Trump, against wielding his executive authority too much.

In an interview with NPR, Obama — who said in 2014 he doesn’t need the legislative process because “I’ve got a pen and I’ve got a phone” and whose press secretary said in 2015 that the White House doesn’t “need Congress to approve” the Iran deal — said his “strong preference” has always been to work with Congress.

According to the commander in chief, he frequently “bent over backwards” to try to find compromise so he wouldn’t need to resort to executive orders:

In my first two years I wasn’t relying on executive powers because I had big majorities in the Congress and we were able to get bills done, get bills passed. And even after we lost the majorities in Congress, I bent over backwards consistently to try to find compromise and a — a legislative solution to some of the big problems that we’ve got.

Obama has signed 260 executive orders so far in his eight years in the White House, according to a report from the University of California, Santa Barbara. But he wants Trump to take it easy when it comes to exercising the same power.

“My suggestion to the president-elect is, you know, going through the legislative process is always better, in part because it’s harder to undo,” Obama told NPR.

The warning is probably heavily influenced by Obama’s desire to keep his legacy — namely, the Affordable Care Act — intact as he closes out his second and final term as president.

Trump has vowed to dismantle much of Obama’s signature work.

“If he wants to reverse some of those rules, that’s part of the democratic process,” Obama admitted. “That’s, you know, why I tell people to vote — because it turns out elections mean something.”

As for how many executive orders have been signed by the most recent two-term presidents, George W. Bush signed a total of 291, while Bill Clinton signed 364.

Are These Hypothetical Potential Outcomes Or Thoughts Of A Demented Mind?

NavyJack – WARNING: Cornered Animals Are The Most Dangerous!

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 by Navy Jack ,  October 30, 2016

Background

With the General Election only a few days away, the globalist establishment and their Presidential Candidate, Hillary Clinton, have become cornered.  The reopening of the investigation into the illegal private email systems used by Secretary Clinton to avoid compliance with Federal recordkeeping laws has sent the globalists into panic. Of course, other Federal laws were also violated, including laws demanding the safeguard of classified materials.

As of Saturday night, the FBI had not been able to get the Justice Department to issue a warrant that would allow agency officials to read any of the newly discovered emails, and therefore was still in the dark about whether they include any classified material that the bureau has not already seen.

“We do not have a warrant,” a senior law enforcement official said. “Discussions are under way [between the FBI and the Justice Department] as to the best way to move forward.”

UPDATE:

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Jeff Pegues 

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#developing #fbi obtains #Warrant to search #Abedin's emails. #BREAKING follow @CBSNews

5:02 PM - 30 Oct 2016

 
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Giving up power and exposing themselves to criminal prosecution by a new administration that is not corrupted by globalist influence is not an option. In fact, all options other than surrendering power are now on the table.

Globalist Options

We can speculate on what these options are, but I seriously doubt any of us are devious enough to even think of the methods that these demon infested parasites can come up with. What is important to remember is that they are animals; predators; wolves, intent on devouring the sheep and hunting down the sheepdogs. It is also important to remember that cornered animals are the most dangerous. Some of the proposals that are certainly on the table include:

• Delay the election via Executive Order with or without Congressional consent
• Instigate riots to provide the President with justification for the use of emergency powers
• Instigate terrorist attacks to provide the President with justification for use of emergency powers
• Provoke hostilities with a foreign power to suspend the election in conjunction with a War Powers Resolution

Certainly there are other options available. The objective of any of the above actions would be to provide the globalist interests with time to silence the FBI and any other voice that could hamper their ability to maintain power. Because of recent events, any path they choose will come with some level of risk and without the ability to guarantee the final outcome. The globalists and their Main Stream Media (MSM) partners are no longer in control of reality and that scares them.

Controlling the Narrative

Should a dynamic action be taken to delay or cancel the election, the optics of such an action would be imperative. For example, should the globalists decide to instigate riots to provide the President with justification for the use of emergency powers, the riots would necessarily have to be done by a group that the public would accept as disenfranchised by the FBIs action. This could be a group like La Raza that is highly supportive of Hillary Clinton’s open borders policies or even the Black Lives Matter movement that have endorsed her candidacy because of her support for federalized control of local police. Coordinated action by one of more of these types of groups could certainly lead to widespread social unrest, protests and riots. The administration would craft a narrative that voter intimidation, fear and physical damage to voting facilities had made conduct of the election untenable at this time. The MSM would be running 24/7 coverage of the protests/riots and broadcasting statements from prospective voters on how they were too afraid to go to the polls with all of the activity.  Most likely, the activity would be significantly less than the public perception because of inflation by the MSM.  The activities would have to be conducted in several cities in swing states that have Governors supportive of the globalist agenda.  These cities would be Cleveland Ohio, Philadelphia Pennsylvania and Richmond Virginia. Other cities/states including Phoenix Arizona, Baltimore Maryland, Milwaukee Wisconsin, Miami Florida and Denver Colorado would be included to ensure broad media attention.  Oath Keepers intelligence units are keeping extremely close tabs on the social media accounts, public statements and mobilization activities of the known extremist organizations.

The Jihadist Threat

Identification and tracking of Jihadi organizations like ISIS in America and Al Qaeda is far more difficult for us to carry out, but clearly jihadist terror attacks are also possible.  Imagine the massive disruptive effect of just a few well-selected jihadist terror attacks (IEDs and/or mass shootings) on early voting polling places and how easily the Obama Administration and it’s Jeh Johnson led DHS could respond to the “unprecedented attack on our democratic process” by  suspending or postponing the election.

Timetable for Action

If the globalists cannot regain control of the narrative within at least a week before Election Day, some action will be taken. Many have suggested that simply replacing Hillary Clinton as the DNC candidate would solve their dilemma. This is untrue for numerous reasons including the fact that replacing her with someone like Vice President Joe Biden does nothing to improve their odds of success at the polls. Because Senator Bernie Saunders is not an insider, his selection to replace Hillary Clinton is even less likely.  In any event, the globalists are strategizing today to decide on the actions they must begin to set into motion no later than November 5. They will most certainly have recall/escalate set-points with regard to any action taken should events improve or deteriorate further. They will also have one or more fail-safe options.

Get Prepared

Please join us on Thursday, November 3rd, 2016 at 8:00 PM Central Time for a free webinar titled “Civil Unrest: Post Election Scenarios & Preparation” hosted by Oath Keepers.

While originally envisioned as a briefing on potential post-election civil unrest & terrorism, the information to be presented is equally relevant to pre-election scenarios. This will be an in-depth presentation on how to prepare for possible unrest or terrorism in urban and suburban areas and how to make an emergency plan for your family. We’ll discuss how to prepare to shelter in place and minimize the danger of arson and home invasion, including neighborhood security and defense, contingency plans (Plan B, C, D) as well as what you need to do to safely get out of town if need be. Be ready before anything happens. Click here to lean more.

References

http://www.foxnews.com/politics/2016/10/30/new-poll-34-percent-less-likely-to-vote-for-clinton-after-new-email-revelations.html

http://www.zerohedge.com/news/2016-10-30/fbi-scour-through-650000-emails-found-weiners-laptop

http://www.zerohedge.com/news/2016-10-30/abc-wapo-poll-manufactures-1-point-clinton-lead-latest-poll-still-pre-fbi-announceme

https://www.oathkeepers.org/webinar-civil-unrest/

https://www.oathkeepers.org/oath-keepers-call-action-spot-document-report-vote-fraud-intimidation-election-day-2016/

https://www.oathkeepers.org/oath-keepers-sabot-machine-stop-voter-fraud-intimidation/

https://www.oathkeepers.org/navyjack-protect-value-vote/

http://www.redflagnews.com/headlines-2016/exposed-justice-department-refuses-to-give-fbi-warrant-to-actually-read-the-emails-on-humaweiner-laptop

http://www.zerohedge.com/news/2016-10-30/why-comey-broke-stack-resignation-letters-furious-fbi-agents

Obama Ignores The Constitution, Again And Again. Why Would He Not Run For A Third Term?

FOX HOST ZINGS OBAMA AIDE:
WHAT ABOUT THE CONSTITUTION?

'Whatever happened to Article One,' the rights of lawmakers?

Published: 14 hours ago

image: http://www.wnd.com/files/2014/07/cchumley_avatar.jpg

 CHERYL CHUMLEY 

Fox News host Chris Wallace zinged the White House chief of staff, Denis McDonough, during a televised interview, asking the presidential mouthpiece during discussion of executive orders: What ever happened to the notion of Article One, in the Constitution?

That's the one that reads, in part: "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

Wallace asked: "Whatever happened to [that]?"

McDonough, as Mediaite reported, "first answered by basically taking a victory lap, touting how this time last year the White House was being asked if [President] Obama's just 'done' for the rest of his term," a reference to the lame-duck session a president generally enters during his last year in office.

But Wallace wouldn't let the matter drop, asking McDonough again about "what the Constitution says" in regards to the rights of the legislative branch, versus the powers of the executive.

McDonough then said the president's use of executive orders, most recently to enact gun control, aren't "self-executing powers" and that Obama was simply pressing for better enforcement of laws already in place.

His answer seemed to mirror what Obama adviser Valerie Jarrett just said about the gun control executive orders issued by her boss. As WND reported, Jarrett denied the orders circumvented Congress.

"Let's be specific," Jarrett said to CNN in the lead-up to Obama's presser on the executive orders. "The president is not circumventing Congress. They have made it very clear they are not going to act [and] the president is doing what is well within his executive authority to do."

Wallace also raised the potential for Obama to close Guantanamo Bay via executive order, despite the fact Congress has turned down such action several times. And McDonough's response?

As Mediaite reported, he said Obama's been trying to work with Congress on the matter, and expressed willingness to continue that path before making a decision to act unilaterally or not.

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