Update: Judge “Kraken” Hanen thundered yesterday. There will be more explosions to come. The government lawyers who faced Judge Hanen quivered:
A federal judge threatened Thursday to sanction the Justice Department if he finds that government lawyers misled him about the rollout of President Obama’s plan to shield up to 5 million people from deportation.
U.S. District Judge Andrew S. Hanen, visibly annoyed, confronted a U.S. deputy assistant attorney general over previous government assurances on the timing of the program.
He asked why he shouldn’t grant a discovery request for internal federal immigration documents — a request filed Thursday by 26 states that are suing over Obama’s executive actions on immigration. [snip]
At a one-hour hearing in Brownsville, Hanen gave the Justice Department 48 hours to file a motion in response. He said he would then rule promptly on whether to require the government to produce documents concerning applications under Obama’s deferred action program. [snip]
Hanen’s barbed comments left little doubt that he sympathized with lawyers for the 26 states, who said they suffered “irreparable harm” when federal officials granted more than 100,000 applications for deferred action after Obama announced the program Nov. 20. He said government lawyers had assured him that “nothing was happening” regarding the applications.
The outcome of the hearing further delayed the administration’s attempts to resolve the court case and proceed with the immigration program during his last two years in office. The program, one of the president’s signature initiatives, is opposed by Republicans, who control legislatures in most of the 26 states suing, led by Texas.
Hanen said Justice Department lawyers had assured him at a previous hearing that the administration had not begun implementing the deferred-action plan, designed to protect qualified immigrants from deportation for three years.
“Like the judge, the states thought nothing was happening,” Hanen said with exasperation. “Like an idiot, I believed that.” [snip]
Hartnett said lawyers immediately notified the court when they realized “we may have inadvertently caused confusion.” Hanen corrected her, asking, “So you waited three weeks to tell me you were doing it?” [snip]
But the judge appeared unconvinced, saying the three-year reprieves were covered by the lawsuit.
When Hanen asked Hartnett whether American taxpayers would ultimately pay for any sanctions imposed on the Justice Department, she offered a noncommittal response.
“Answer my question,” the judge demanded.
“Ultimately, yes,” Hartnett responded.
Angela Colmenero, a lawyer for Texas and 25 other states, said she understood “that this is a big, complex federal program.” But she said the states needed to rely on “additional documents and not just the words” of Justice Department lawyers. [snip]
“The plaintiffs were more than surprised by this disclosure,” she said. [snip]
Hanen asked Hartnett bluntly whether Homeland Security Secretary Jeh Johnson or other senior officials could be trusted on the immigration plan.
“I can trust what Secretary Johnson says … what President Obama says?” the judge asked.
“Yes, your honor, of course,” Hartnett replied.
The Fifth Circuit will not intervene if Judge Hanen orders expedited discovery for plaintiffs regarding Obama’s Justice Department lies. The Fifth Circuit will not want to overrule Judge Hanen if they believe the government lied and further discovery reveals the lies. The case will persist until Obama is out of office. Time is against Obama on this “signature” issue.
Netanyahu and Obama’s illegal illegal immigration diktat are once again chasing each other as headlines. Netanyahu enjoyed a spectacular election victory yesterday and tomorrow there is an immigration lawsuit court hearing in Texas. The last time we wrote about the lawsuit against Obama’s illegal illegal immigration diktat was the day before Netanyahu spoke to the American Congress.
Thus far our predictions and prognostications from 2014 about this lawsuit have been right on target. Hang on to your girdles, fasten your bonnets extra tight, there have been plenty of shocking developments in the lawsuit against Obama’s illegal illegal immigration diktat for us to discuss (which we will after a brief history of the lawsuit thus far).
The story we have written about thus far regarding Obama’s illegal illegal immigration diktat started with advice for Republicans from us on how to fight Obama on immigration reform. Soon thereafter Barack Obama issued his illegal illegal immigration diktat in a speech even though he himself had previously warned that such a move would harm the Democratic Party.
Then Bingo. A lawsuit was filed by 17 states. We ruminated on the decisions that led to the lawsuit and why a lawsuit was the way to go because Republicans in Congress would not be able to get the job done. On January 15 a hearing before Judge Hanen was held. We, along with just about everyone else expected Judge Hanen to rule on behalf of the plaintiff states. But, we’ll revise one prediction we made in that article. Now we doubt the 5th Circuit will overturn Judge Hanen’s decision. Why do we reverse that prediction? “Unleash The Kraken”!!!
Judge Hanen is the Kraken. The Kraken has been released!
We thought Judge Hanen would side with the now grown to 26 plaintiff states and we along with many were correct in this easy prediction. But we also thought the Fifth Circuit would reverse Judge Hanen on appeal. We understood the Fifth Circuit was the most conservative district in the nation. But we still thought they would reverse and allow the plaintiffs a quick appeal to the Supreme Court well before the 2016 elections were in full swing and Obama could use that opportunity to attack the Supreme Court – which is what he did on ObamaCare and which Chief Justice John Roberts was terrified of. We figured the Supreme Court will eventually squash Obama’s illegal illegal immigration diktat. But now we think things are much rougher for Obama’s illegal illegal immigration diktat. Why? We did not foresee, could not imagine, the astonishing developments that took place in Judge
Kraken’s Hanen’s courtroom.
Once both sides filed their briefs in mid January Judge Hanen withdrew to his chambers. Judge Hanen as promised, did not issue a ruling until after January. Judge Hanen worked on his ruling privately and without hurry. Then Judge Hanen struck on February 17.
On the day before Obama’s illegal illegal immigration diktat was to begin to operate Judge Hanen issued a ruling. It was a Preliminary Injunction against Obama’s illegal illegal immigration diktat.
As Bibi Netanyahu prepared his speech to Congress, Obama thugs plotted an attack against Judge Hanen’s Preliminary Injunction. Obama’s thugs struck exactly one week after Judge Hanen’s ruling was released. On Monday, January 26, Obama’s lawyers demanded Judge Hanen rule by Wednesday on a Motion they had filed that very same Monday. It was a short notice threat against the judge.
We documented the play by play, brief by brief, sword by sword. Obama’s lawyers threatened Judge Hanen they would file a motion with the Fifth Circuit to remove Hanen’s Preliminary Injunction on Wednesday, two days hence, if Judge Hanen did not himself lift the stay. The 26 plaintiff states asked Judge Hanen for a week to reply to Obama’s thug lawyers. Thrust. Counter-thrust. Then the Judge himself spoke thunderously: Judge Hanen allowed the 26 plaintiff states a full week to file their response to the Obama lawyers. It was Judge Hanen punching Obama thugs in the face. This is what we wrote (predictions included):
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.
Bingo! Bingo! Bingo! We were correct on all points. Judge Hanen will be deliberate and will hold as many hearings as necessary. Judge Hanen will not be thugged. Obama’s lawyers did not file with the Fifth Circuit as threatened and the plaintiff states filed their response.
That’s the story thus far. That’s the sum of our coverage. Now, THE SHOCKING DEVELOPMENTS IN THE OBAMA ILLEGAL ILLEGAL IMMIGRATION DIKTAT LAWSUIT AS WE PREPARE TO WATCH THE KRAKEN RELEASED:
Obama’s thug lawyers prepared for a Sauron style two pronged counterattack against Judge Hanen. First they would issue a new threat, a new deadline against the Judge’s Preliminary Injunction. This was to be followed up with a for-real-this-time filing in the Fifth Circuit to overturn Judge Hanen’s Preliminary Injunction. Second, get a gaggle of states to file a ridiculous brief saying the most ridiculous things to back them up. That was the plan. But the truth is their enemy.
As they prepared the counterattack it turned out that they had been lying to Judge Hanen all along. You shouldn’t lie to a federal judge in a federal court. You might as well kick a Kraken. The Kraken is gonna stomp on your ass. And that is what has happened.
Bear with us as we document the Obama thug lawyer counterattack. First the new threat and the new deadline, as reported by Politico:
Feds press judge to rule by Monday on immigration order stay
The Obama administration has set a new deadline, of sorts, for a federal judge to halt his order blocking President Barack Obama’s executive actions on immigration.
In a court filing Wednesday evening, Justice Department lawyers handling the case told U.S. District Court Judge Andrew Hanen that if he doesn’t rule on their stay motion by the end of the day Monday, the federal government could seek to bypass him by seeking a stay directly from the 5th Circuit Court of Appeals.
“Absent a ruling by close of business on Monday, March 9, 2015, Defendants may seek relief from the Court of Appeals in order to protect their interests,” the DOJ lawyers wrote in their new submission (posted here).
Hanen could be tempted to think that the federal government is crying wolf, since back on Feb. 23, the Justice Department leveled a similar threat to proceed to the 5th Circuit if he didn’t rule on the stay by Feb. 25.
Hanen didn’t rule by then and, in fact, made clear that he’d wouldn’t be ruling until the middle of this week at the earliest. The government’s milestone came and went, with no drive to the 5th Circuit. [snip]
Some legal experts view the stay effort as a longshot, but activists fear that Obama’s immigration actions could lose momentum if they’re on hold for months or longer while an appeal plays out. [snip]
In addition to asking Hanen to stay his ruling pending appeal, the administration asked him, alternatively, to narrow its scope to the State of Texas. Justice Department lawyers said the evidence presented to Hanen was limited to Texas, but lawyers for the states said at least a couple of other states also submitted proof of harm from the Obama executive actions.
The Obama administration has filed an appeal of Hanen’s ruling, but such appeals take an average of nine months to be resolved in the 5th Circuit, which is based in New Orleans. There has not yet been a move by either side in the case to expedite the pending appeal.
Texas v. U.S. – Immigration Case – 5th Cir – U.S. Emergency Motion for Stay.pdf
So the new red line in the sand set by the Obama thugs was Monday, March 9. On March 9 itself, Obama prostitute Greg Sargent reported the next moves by Obama’s thugs:
In the next few days, approximately a dozen states will call on an appeals court to lift an injunction — imposed by a conservative Texas judge — on President Obama’s executive actions shielding millions from deportation, arguing that they support those actions and see them as being in their economic interest, I’m told.
The move could precipitate an argument among the states over Obama’s policies, and will raise a question: If some states have successfully gotten the courts to block Obama’s actions nationwide, what should happen if other states want those actions to proceed? The bid by these states also could make it more likely that the courts lift the injunction and allow his deportation relief to move forward, at least in some states, while the legal battle over them plays out. [snip]
Thus, the latter states will argue that, at a minimum, the 5th Circuit should lift the injunction for them, because they stand to suffer economic harm if the injunction proceeds. They will also argue that Texas is the only state that has demonstrated it will suffer harm, so the injunction nationwide — and on them — is inappropriate. [snip]
In other words, if Texas can halt Obama’s actions on the basis of strong feelings about prospective harm, then other states can now petition to reverse Hanen’s injunction on the basis of economic research that his injunction harms them.
Texas v. U.S. – Immigration Case – 5th Cir – Amicus Brief of States Supporting Motion for Stay.pdf
That’s a ridiculous argument which tries to do a judo flip on the 26 plaintiff states with the argument that they too suffer irreparable harm so “gives us an injunction too please, GOLLEM, GOLLEM”. The DailyKooks will not understand. It’s a clumsy argument (yes, federal judges can file nationwide injunctions) but the states that support Obama indeed filed that garbage right after March 9 came and went without a response from Judge Hanen.
But something else happened on the previous Tuesday, March 3 that UNLEASHED THE KRAKEN. It’s hard to believe that this could happen. But happen it did.
Obama’s lawyer filed their threat on March Wednesday March 4. But on Tuesday March 3 Obama’s lawyers admitted they had lied to a federal judge in a federal court:
When President Obama announced his sweeping unilateral executive action on immigration last November, administration officials stressed that the new edict would not take effect immediately. [snip]
The administration’s schedule shaped the schedule of those challenging the president’s action. On Feb. 16, federal judge Andrew Hanen issued an order stopping the program, noting in his opinion that “the DHS’ website provides February 18, 2015 as the date it will begin accepting applications under DACA’s new criteria, and mid-to-late May for DAPA applications.” Hanen barred the administration from implementing “any and all aspects or phases of the expansions (including any and all changes)” to DACA and also “any and all aspects or phases” of DAPA.
So everyone involved knew the score. Changes to DACA, which had been scheduled to start Feb. 18, were on hold. DAPA was also on hold. And everyone assumed those dates to be accurate. But now, the administration is telling a different story.
In a “Defendants’ Advisory” filed with Hanen’s court late Tuesday, the Justice Department notified the judge that it has already implemented significant parts of the Expanded DACA program, and indeed that it has already granted expanded DACA protections and work permits to “approximately 100,000” people.
In the advisory, which began by claiming the administration has followed Hanen’s order to temporarily stop the implementation of the program, Justice Department lawyers added this:
Out of an abundance of caution, however, Defendants wish to bring one issue to the Court’s attention. Specifically, between November 24, 2014 and the issuance of the Court’s Order, USCIS granted three-year periods of deferred action to approximately 100,000 individuals who had requested deferred action under the original 2012 DACA guidelines (and were otherwise determined to warrant such relief), including the issuance of three-year Employment Authorization Documents for those 2012 DACA recipients who were eligible for renewal. These pre-injunction grants of three-year periods of deferred action to those already eligible for 2012 DACA were consistent with the terms of the November Guidance…Defendants nevertheless recognize that their identification of February 18, 2015, as the date by which USCIS planned to accept requests for deferred action under the new and expanded DACA eligibility guidelines, and their identification of March 4, 2015, as the earliest date by which USCIS would make final decisions on such expanded DACA requests, may have led to confusion about when USCIS had begun providing three-year terms of deferred action to individuals already eligible for deferred action under 2012 DACA.
Led to confusion? That’s an understatement. It also led to the conclusion that the administration has misled not only Judge Hanen but everyone in the United States about the president’s immigration action. [snip]
Despite all the administration talk about a three-month period to begin the new policy, Johnson simply declared the DACA changes effective last November 24. On the basis of his memo, administration officials gave expanded DACA protections to those 100,000 people — a breakneck pace, apparently pursued to get as many changes in place before legal challenges could catch up.
Obama’s lawyers tried to slither pass a monumental lie they themselves told to a federal judge in a federal court. They lied and it is clear they lied not only in a legal brief but openly in court:
Yet in court, administration lawyers claimed that Obama’s changes wouldn’t take effect until Feb. 18. In a motion filed Jan. 14, the Justice Department asked for a two week extension of the deadline to file a brief. “Plaintiffs will not be prejudiced by the two-week extension sought in this Motion,” the administration argued, “because U.S. Citizenship and Immigration Services (USCIS) does not intend to entertain requests for deferred action under the challenged policy until February 18, 2015, and even after it starts accepting requests, it will not be in a position to make any final decisions on those requests at least until March 4, 2015.” Even as the government lawyers wrote those words, the administration was racing to grant immediate extended status to as many illegal immigrants as possible.
The day after filing the motion, Jan. 15, Justice Department lawyer Kathleen Hartnett appeared in Hanen’s court to emphasize that there was no problem delaying things for a while because the administration wasn’t implementing the president’s changes.
“In that [motion] we reiterated that no applications for the revised DACA — this is not even DAPA — revised DACA would be accepted until the 18th of February,” Hartnett told the judge, “and that no action would be taken on any of those applications until March the 4th.”
A moment later, just to be sure, Hanen said to Hartnett, “But as far as you know, nothing is going to happen in the next three weeks?”
“No, your honor,” Hartnett said.
“OK,” Hanen answered. “On either?”
“In terms of accepting applications or granting any up-or-down applications,” Hartnett said.
“OK,” said Hanen.
“For revised DACA, just to be totally clear,” Hartnett said.
Hartnett did not mention the 100,000 illegal immigrants to whom the administration had already rushed to grant longer protections and work permits under the president’s order.
In its fess-up advisory to the court Tuesday night, Justice Department lawyers said the administration has now stopped granting three-year deferred status to anyone — even though it maintains it had the authority to do so all along. But the Justice Department said it will not undo what it has already done for the 100,000 illegal immigrants already covered.
Obama’s thug lawyers lied to Judge Hanen in Judge Hanen’s court. Obama’s thug lawyers lied to Judge Hanen in a filed brief as well.
To say the least, there has been a response to the Obama thug lawyers’ lies.
The government’s lawyers essentially admitted that they were disclosing this fact because it was contrary to what they had previously told the court. That has led to a motion by the State of Texas to be allowed to conduct discovery to find out what happened. Here is Texas’s brief in support of that motion. It is damning:
The lies told by Obama’s lawyers delayed and prevented actions the plaintiffs could have taken to block Obama’s illegal illegal immigration diktats. Obama’s lawyers lied to plaintiffs’ lawyers. Obama’s lawyers also kicked the Kraken. The Kraken is not happy.
Was it smart of Obama’s lawyers to kick the Kraken in light of the fact that they want the Kraken to rule in their favor or at the very least to issue a ruling, any ruling, so they can move the case forward? Uh, no. You don’t kick the Kraken in the Kraken cave when you want something from the Kraken.
A federal judge signaled Monday that he has no plans to act soon on the Obama Administration’s request to stay an order blocking President Barack Obama’s latest round of executive actions on immigration.
U.S. District Court Judge Andrew Hanen said in an order issued Monday afternoon that he views as serious claims that federal government lawyers may have misled the court about the implementation of new immigration policies the president ordered in November.
Last week, the Justice Department advised Hanen that the federal government issued new 3-year “deferred action” grants and work permits to 100,000 people between November 24 and when Hanen blocked the Obama moves on February 16.
The group of 26 states whose lawsuit persuaded Hanen to block the Obama immigration actions recently filed a motion calling the federal disclosure “surprising” and asserting that Justice Department lawyers had assured the court that no action would be taken to implement Obama’s new policies until mid-February.
Obama’s moves announced in November expanded eligibility for the “Deferred Action for Childhood Arrivals” program and initiated a new program for illegal immigrants who are parents of U.S. citizens or permanent residents. However, there was a third part to Obama’s new actions: he extended the “deferred action” period protecting certain immigrants from deportation from two years to three, and authorized the issuance of three-year work permits as well.
Hanen, who sits in Brownsville, Texas, said Monday that he wants a more complete explanation of what happened.
“Due to the seriousness of the matters discussed therein, the Court will not rule on any other pending motions until it is clear that these matters, if true, do not impact the pending matters or any rulings previously made by this Court,” Hanen wrote. He set a hearing on the matter for March 19 and ordered that Justice Department lawyers “be prepared to fully explain to this Court all of the matters addressed in and circumstances surrounding” the notice the feds sent the judge last week. [snip]
Hanen’s decision appears to indicate that he won’t be meeting a deadline of sorts the Justice Department set last week, warning it could move to an appeals court to block Hanen’s original injunction if he didn’t act on a stay request by the close of business Monday.
Whatever slim chance Obama had of getting a ruling from Judge Hanen or the Fifth Circuit just went up in a puff of Kraken smoke.
Judge Hanen will now, as we predicted from the very beginning, commence a series of hearings and discovery proceedings that will last into forever or until Obama is gone from the White House.
The Fifth Circuit? Obama’s lawyers have asked the Fifth Circuit to rule on their motion by March 26. The plaintiff states have until March 23 to respond.
Whatever chance of the Fifth Circuit taking up the appeal filed by Obama’s lawyers is gone. The Fifth Circuit will now wait until Hell freezes over and the Kraken has done his job to completion before they even think about thinking about thinking about even considering to consider the appeal from Obama’s lawyer on Obama’s illegal illegal immigration diktat.
The Kraken is not blowing smoke but godly fire:
Judge’s new order makes it harder for Obama to restart immigration moves
After President Obama in November announced plans to shelter millions of people from the threat of deportation, immigration officials wasted no time in carrying them out.
Thousands of young people who had applied for two-year reprieves from deportation instead were given three years free from the threat of being kicked out of the country. About 100,000 applications were approved before last month, when U.S. District Judge Andrew S. Hanen in Texas ordered a freeze on Obama’s executive actions on immigration.
Now, the administration’s disclosure that it approved those applications has added yet another complication, and potentially weeks of more delays, to its attempts to restart the ambitious immigration initiatives. Hanen said in a filing this week that he wanted Justice Department lawyers to “fully explain” why they didn’t mention the three-year permits before last week.
He set a hearing for March 19. [snip]
“It’s vital that we get to the bottom of the recent actions by the Obama administration, and this hearing will be key in obtaining the truth about what appears on its face to be the administration’s clear misrepresentation of the facts in this case,” said Cynthia Meyer, deputy press secretary for the Texas attorney general’s office. [snip]
The current wrangling is over what Justice Department lawyers told the judge during recent hearings as scheduling matters were discussed. In January, lawyers said nothing would be happening before Feb. 18.
Last week, government lawyers, “in an abundance of caution,” disclosed to Hanen that they had been granting the three-year permits since November to DACA applicants who qualified under the 2012 rules. The talk of the Feb. 18 date “may have led to confusion,” said the brief signed by six Justice Department lawyers.
Lawyers for Texas and the other states said the actions were “difficult to square” with the lawyers’ earlier statements in the case.
For the administration, the bottom line of the dispute may mean more problems in moving the case through the courts — and more trouble in getting the immigration program in place before Obama leaves office.
Liars lie. Krakens incinerate.