Update: Tonight’s the deadline and Republicans have mushed themselves to Punt: Boehner to offer “clean” three-week funding bill for DHS to buy time on amnesty strategy.
What is needed is a coalition of the congress and the courts to block the executive (which appears to be in the formative stage if not more advanced). Right now the courts are hearing cases at least and even daring to block some of the most egregious Obama diktats. But for a coalition to work the congress cannot abandon the courts in the fight.
At some point Republicans in congress and especially the leaders in congress and the party have to fight. There is no running away. For instance, suppose the Supreme Court really does block the ObamaCare illegal subsidies? Will Republicans cave in and legislate subsidies if Obama Dimocrats play the same game they have played on immigration and DHS funding? Will Obama Dimocrats blame Republicans for the ObamaCare subsidy disaster and demand Republicans restore the subsides or else Obama and Obama Dimocrats/Big Media will blame Republicans for the ObamaCare disaster?
On every issue Obama Dimocrats can play the same game with the very same template: refuse every offer except total capitulation. If Republicans cave in on immigration they will have to cave in on everything. At some point they have to fight.
The joke is Boehner might not even have to votes to pass this punt.
If they had a brain the Republicans in Congress would state clearly: “We will not fund with taxpayer dollars what the courts have ruled to be illegal.” Got that? What should be John Boehner’s exit strategy? “We will not fund with taxpayer dollars what the courts have ruled to be illegal.”
A federal district court judge has ruled it illegal. Barack Obama more than 20 times declared he could not legally do illegal, illegal immigration diktats. Got that? Congress should simply say “we will not fund what is illegal“. “It is illegal so we will not fund it.”
Why Mitch McConnell and John Boehner cannot make such a simply declaration is due either to: (1) they are not very bright; (2) they don’t want to block Obama’s illegal illegal immigration diktats.
We cannot believe McConnell and Boehner are that stupid so we have to conclude that reason number 2 is the answer. Sadly, all Republicans have failed to take up our earlier suggestion that they speak to Black America about the damage Obama’s illegal illegal immigration diktat will do to them.
For now we are left with the Department of Homeland Security (DHS) funds expiring Friday at midnight. The Senate wants to fund Obama’s illegal illegal immigration diktat. The majority of House Republicans want to fight. There is some hope our strategy of “no funds for what the courts have already deemed illegal” will come into play and it comes from the CPAC convention which begins today, as explained by an Obama bootlicker:
The annual Conservative Political Action Conference has always been a haven for would-be presidential candidates seeking the sanction of some of the Republican Party’s most powerful populists. But it’s also been a forum for the right to vent their anger at the Republican leadership in the House and Senate. The 2015 CPAC begins Thursday, two days before funding for the Department of Homeland Security is set to expire.
It’s still unclear whether Congress can reach a deal in time to avoid at least a temporary shut-down. Even though Senate Majority Leader Mitch McConnell and House Speaker John Boehner have chosen to skip CPAC, they will hear very loudly the complaints of activists who believe that both men have shown their yellow belly to the purple and blue forces in Congress.
Boehner is on point. If he sends the signal, the House will vote on a Senate measure to fund the DHS fully, along with a separate symbolic vote to show disapproval with President Obama’s immigration executive action, which the GOP calls “amnesty.” As of this writing, the speaker has not indicated that he will give in to the pressure, instead preferring to gut it out for a few days, at least, letting House conservatives relish the win of a short-duration shut-down. Tactically, Boehner would allow pent-up frustration to ventilate, and then, when conservatives quieted down, reverse course and essentially hand Obama a delayed victory — for now.
Obama’s executive action, which would affect nearly five million undocumented immigrants, is held up in court. If DHS gets its funding, Obama wouldn’t be able to act until the courts decide what to do.
CPAC’s timing couldn’t be better in this sense. There’s no way Boehner will stand up to House conservatives during CPAC, especially when many of their leading and loudest voices have a platform at the convention.
If there is a functioning brain at CPAC 2015 they will follow our lead and shout to McConnell and Boehner: “DO NOT FUND WHAT IS ILLEGAL!”
At the very least McConnell and Boehner should call attention to Judge Hanen’s Preliminary Injunction against Barack Obama’s illegal illegal immigration diktat. It is almost as if there is a news blackout on this court decision as Republicans/conservatives either do not believe the court’s decision will be upheld at the Supreme Court or like Quislings they want to enable Obama so as to remove the issue from 2016.
As to Obama Dimocrats/Big Media they don’t want the public to know about this decision either – because it hurts their tin pot dictator Obama.
So what is happening in the lawsuit filed by 26 states against Obama’s illegal illegal immigration diktat? Thus far it is all following the script we wrote.
Then on Monday February 23, after a full week had passed with threats from Obama and promises that there would be a filing against the Preliminary Injunction on the day of the ruling itself had failed to come to pass – Obama lawyers filed a most ridiculous motion before the court.
The Motion for Stay Pending Appeal was filed along with a Notice of Appeal to the Fifth Circuit. It is the Motion for Stay that was especially ridiculous.
In the Stay motion Obama lawyers tried a jiujitsu stunt and claimed that indeed they would be the ones to be “irreparably harmed” if the preliminary injunction was to stay in place. It was the plaintiff 26 states that had won the argument that they would be “irreparably harmed” if Obama was allowed to proceed with his illegal illegal immigration diktat. That simple fact somehow did not deter the Obama lawyers from their stunt.
Then the funniest part of the Stay motion. The Obama lawyers stomped their feet and declared that the judge had better rule by Wednesday or else they would go to the Fifth Circuit and ask the Fifth Circuit to stomp on the Preliminary Injunction. Mind, they filed the Stay motion on Monday and demanded the judge rule by Wednesday. They forgot that a federal district judge is not to be pushed around.
On the same day as the Stay motion was filed, the 26 plaintiff states filed a response. It was a beaut. It was short. It was sweet. Here it is:
The Letter Opposing Expedited Stay says it all:
The Plaintiff States write to oppose Defendants’ request for expedited consideration of their motion filed today to stay the Court’s preliminary injunction pending appeal. See Dkt. No. 150 at 7. As this Court found, defendants have no emergency need to take applications for benefits under the new program. Mem. Op. & Order (Dkt. No. 145) at 118-21. Defendants have implicitly recognized as much, by waiting a full week from the preliminary injunction to file this stay motion. Indeed, if Defendants had any compelling claim of a looming, irreversible harm from temporary injunctive relief, they would have featured it previously. They had ample time to do so: Plaintiffs requested a preliminary injunction on December 4, some six weeks before this Court’s January 15 motion hearing….
At the very least, Plaintiffs should be allowed to respond within the same seven days that Defendants enjoyed to prepare their motion after the preliminary injunction issued. It is unreasonable to demand that Plaintiffs respond, and the Court rule on the motion, in under three days.
The plaintiffs blasted the Obama lawyers. If it is such an “emergency” why did they wait a full week to file? Don’t they have enough lawyers with the capacity to read?
The plaintiffs blasted the fact that Obama’s lawyers had never before claimed they would suffer “irreversible harm” if a Preliminary Injunction issued from the court. Then came the coup de grace .
The plaintiffs noted that Obama lawyers had waited a week to file their “emergency”. They asked for the same amount of time.
What was going to happen? Would the judge ignore the ruling until he was good and ready thereby daring Obama lawyers to try to jump over him to the Fifth Circuit? Would the judge rule against himself? Would the judge order an emergency hearing on the motion for Tuesday or Wednesday or maybe even later? The suspense made us chew the pink off our fingernails.
We waited but did not have long to wait. The judge issued a ruling before Wednesday which cut the briefs off the Obama lawyers. “Emergency? What fu*king Emergency” thundered Judge Hanen:
“Before this Court is Defendants’ Emergency Expedited Motion to Stay the Court’s February 16, 2015 Order Pending Appeal and Supporting Memorandum [Doc. No. 150]. The Court orders that any response by Plaintiffs shall be filed by the close of business on Tuesday, March 3, 2015.
Short and sweet. No emergency. Plaintiffs have a week to reply. Politico missed the point and instead found a way to shill for Obama:
The federal judge in Texas who blocked President Barack Obama’s latest executive actions on immigration signaled Tuesday that he isn’t inclined to rush a decision on the Obama administration’s request to lift the injunction he imposed last week.
U.S. District Court Judge Andrew Hanen’s order saying he’ll give the states suing the federal government another week to respond means the issue of a possible stay in the case will likely be taken up by a federal appeals court before he rules one way or another.
The Justice Department warned in its stay application Monday that if Hanen did not act on the stay by the end of business on Wednesday, the feds would move to a higher court.
Obama tried to thug Judge Hanen. For Obama “thug” is the default play. Judge Hanen knows how to deal with thugs. Contra the claims by Politico, the judge in his order blocked the appeal to the Fifth Circuit.
If Obama lawyers try to ignore the judge’s order and go the the Fifth Circuit. It is our belief that the Fifth Circuit will tell them to wait until Judge Hanen does what he will do. The Fifth Circuit can easily note that the Obama lawyers waited a full week to file their “emergency” so it can’t be such an “emergency”. The Fifth Circuit can note that it is fair to the plaintiffs to give them the same time as Obama lawyers. So wait until Judge Hanen is good and ready.
Judge Hanen? We won’t be surprised if Judge Hanen schedules a hearing in days or weeks to come after Plaintiffs file their motion next Tuesday. Judge Hanen can wait and we believe the Fifth Circuit will wait too. We’ll find out next Tuesday.
And hey, for us it is a supersized meal day because well, that is the day that Netanyahu speaks before Congress.