Judge Takes Action On Sheriff Joe’s Lawsuit Against Obama, And The WH Spins It In Absurd Way

Arpaio Court DC

It was the first courtroom battle over President Obama’s executive amnesty plan — a battle waged by a sheriff whose clashes with the federal government over immigration enforcement have often been contentious.

And this battle didn’t turn out as Maricopa County Sheriff Joe Arpaio wanted, though his lawyer says the war is far from over.

A federal judge in Washington, D.C. Tuesday night threw out Sheriff Joe’s lawsuit seeking to stop Obama’s unilateral action to remove the threat of deportation from close to 5 million illegal immigrants.

As reported on foxnews.com, U.S. District Court Judge Beryl Howell, an Obama nominee, tossed the case, saying that the role of the courts is not to engage in policy making:

The case brought by Maricopa County Sheriff Joe Arpaio “raises important questions regarding the impact of illegal immigration on this nation, but the questions amount to generalized grievances which are not proper for the judiciary to address,” Howell wrote.

It’s critical to note that, in rejecting Sheriff Joe’s suit against the president, the judge refused to rule on the merits of the case — there was no determination whether Obama’s executive actions on immigration reform are or are not constitutional.

But that didn’t stop White House spokesman Eric Schultz from spinning the court’s decision and attempting to portray it as a vindication for President Obama. Again, via Fox News:

“Judge Howell’s decision today confirms what the Department of Justice and scholars throughout the country have been saying all along: the president’s executive actions on immigration are lawful,” Schultz said.

According to the judge’s written opinion — and contrary to what Obama’s spokesman indicated — the court made no ruling on the constitutionality of Obama’s action. Essentially, Judge Howell said that Sheriff Joe Arpaio, as a county law enforcement official in Arizona, didn’t have legal standing to bring the lawsuit.

“Even an ongoing threat to Arpaio by undocumented immigrants would not provide him with standing to challenge the deferred action programs at issue,” Howell wrote.

“The plaintiff must not only show that he is injured, but that the plaintiff’s injury is fairly traceable to the challenged deferred action programs and that the injury is capable of redress by this court in this action.”

Following the court’s rejection of his lawsuit, Sheriff Joe filed a notice of appeal saying that he will pursue the case in the U.S. Court of Appeals for the District of Columbia Circuit.

This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom

Here’s How Sheriff Joe Could Use A Drunk-Driving Case To Kill Obama’s Executive Amnesty

Photo Credit: Flickr (Gage Skidmore)

Maricopa County, AZ Sheriff Joe Arpaio has already acted to strengthen his lawsuit challenging President Obama’s executive action on amnesty — he’s already filed court papers citing Tuesday’s surprise ruling by a federal judge in Pennsylvania that Obama’s amnesty order is unconstitutional.

As Western Journalism reported yesterday, a federal court has determined that Obama’s unilateral action to protect millions of illegal immigrants from deportation violates the Constitution.

While that finding doesn’t mean that Obama’s controversial order is invalidated, it does provide powerful ammunition for others who want the courts to stop the president’s action from taking effect.

As reported at washingtontimes.com, the ruling is reverberating through court cases currently in process, including the multi-state challenge led by Texas as well as Sheriff Joe’s anti-amnesty fight:

Both Texas Attorney General Greg Abbott and Maricopa County, Ariz., Sheriff Joe Arpaio filed papers late Tuesday night in their respective challenges to Mr. Obama’s amnesty, saying the Pennsylvania judge’s ruling adds heft to their own attacks.

The D.C. court that’s considering Sheriff Joe’s case has scheduled a hearing for next week on the possible issuance of a preliminary injunction to halt the president’s amnesty order.

Curiously, the blockbuster opinion issued by the Pennsylvania federal judge was tucked in his findings regarding the drunk-driving case of an illegal immigrant.

National Journal notes that in researching the case, the court requested information from the federal government over whether Obama’s executive action applied.

…in [Judge] Schwab’s opinion, the first priority is to “determine whether the Executive Action is constitutional.” And he determined that it wasn’t.

“The Court holds that the Executive Action is unconstitutional because it violates the separation of powers and the Take Care Clause of the Constitution,” he wrote.

This is reportedly the first federal court ruling on Obama’s executive action and the first new opinion that gives opponents of the president’s order a significant boost in their challenges.

There are currently 24 states suing the president over his executive action on amnesty.

This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom

Sheriff Joe Arpaio Fires Back Against Obama’s Executive Order

Photo Credit: Flickr (Gage Skidmore)

Arizona lawman Joe Arpaio is no stranger to taking on the Obama administration. The man often referred to as “America’s Toughest Sheriff” has long held that Barack Obama is not qualified to hold the office of the presidency, disputing the authenticity of his birth certificate. As a border state official, Arpaio has also taken exception to Obama’s lax enforcement of the nation’s immigration laws.

In response to Obama’s announcement Thursday of executive action that will defer the deportation of more than five million illegal immigrants, the Maricopa County sheriff is once again setting his sights on the president.

Reports indicate Arpaio is filing a lawsuit intended to challenge Obama’s authority to enact such policy unilaterally. He explained the motivation behind the pursuit in an interview with KNXV.

“We have to understand whether this is constitutional or not, whether he is going around Congress is legal,” he said. “I’m going to send a message that we’re not going to give up, that this does affect the streets of Maricopa County.”

Arpaio did offer a modicum of consideration regarding Obama’s position; however, he lamented the fact that the nation’s chief executive chose to dismiss the shortcomings of his plan.

“He speaks a good game,” Arpaio conceded, “and I understand where he’s coming from in a way. On the other hand, let’s not con the American public. How are we going to keep track of these five million people?”

He continued by insisting this first step toward amnesty will only serve to invite even more illegals into the country.

“This is going to open the door,” he asserted. “Everybody in Mexico, Central America, thinks they will have a free pass when they come into our country because of what the president is issuing.”

 

Photo Credit: Gage Skidmore (Flickr)

This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom

What The Feds Just Did To Sheriff Joe Could Be Punishment For Speaking Out Against Obama

Photo credit: Christopher Halloran / Shutterstock.com

Law enforcement agencies across the nation have come under fire recently for amassing military-grade weaponry and equipment citizens feel is too excessive. Critics on both sides of the aisle have lamented the increased acquisition of armored vehicles and other imposing resources under a program allowing local agencies to receive decommissioned and surplus military property.

Furthermore, Fox News reported earlier this month that countless weapons are now missing in departments nationwide. While the federal government has suspended the program in certain communities due to the demonstrable lack of accountability, one sheriff who has been particularly critical of the Obama administration asserted that his agency is facing a more permanent punishment.

Arizona lawman Joe Arpaio, often referred to as America’s toughest sheriff, said the Maricopa County Sheriff’s Office is, to his knowledge, the only agency whose participation in the program has been terminated.

Over the past two decades, Arpaio explained, the MCSO has lost track of nine weapons. As a result, his department is now being forced to return every item received through the federal program over that period. Among the equipment his agents must now give back are about 200 weapons, a pair of armored vehicles, and a large collection of night vision goggles. All of the equipment must be returned within four months.

The high-profile sheriff indicated that he is not deterred by the decision.

“It really doesn’t mean anything,” he said. “Look at the handguns. They probably don’t work anyway. We have plenty of our own.”

As for the night vision goggles, he said his agency is in the process of obtaining more effective versions.

“We were buying those anyway,” he explained. “We have the money.”

While he said there have been multiple efforts to recover the misplaced guns, many were lost before sophisticated tracking technology existed.

News this week from Los Angeles indicated that the city’s school system acquired a large cache of military weapons under the program. While the district will retain 61 rifles and a heavily armed vehicle, it is prepared to return the three grenade launchers obtained through the Pentagon program.

Photo credit: Christopher Halloran / Shutterstock.com

This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom

Boom! Sheriff Joe Levels Devastating Charges Against Obama, And He’s Not Backing Down

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Sheriff Joe Arpaio — the outspoken lawman of Maricopa County — has once again laid his anger and frustration on the line…in bold print. In no uncertain terms, Arpaio levels serious charges against Barack Obama, now-familiar charges that the president is purposely flooding the border with thousands of illegal aliens, many of whom are criminals.

In a letter to supporters asking for donations to his re-election campaign, Sheriff Joe takes deadly aim at what he considers the serious offenses of the Obama administration.

H/T thegatewaypundit.com:

“Our country is under attack.

“And Barack Obama is the aggressor. That’s right. Our own President has overseen the release of thousands of illegal immigrants…hundreds of whom are convicted criminals – even felons, which are flooding into America.

“Every day you read the newspaper or turn on the news, there is something tragic happening, something Obama says is beyond our control.

“But I must tell you: the state of the U.S.–Mexican border IS NOT BEYOND OUR CONTROL. In fact, it’s one of the key places where the safety of our nation starts. AND I am working around the clock to take criminals off the streets.

“Every action Obama has taken since the border crisis began has led to an increase in the flood of men, women, children, AND CRIMINALS! The icing on the cake…Obama’s solution is holding events at the White House “honoring young adults who came to this country illegally.”

“HE IS REWARDING CRIMINALS! We are arresting them just to have the Obama administration release them the next day!

While many people in Arizona and around the country cheer Arpaio for this kind of take-no-prisoners candor, Sheriff Joe does have his detractors…right there in his home state. Check out what this highly critical columnist writes at azcentral.com, a joint publication of 12News and The Arizona Republic:

Requests like this from Arpaio have never made sense, but they have made money, particularly when the plea is picked up or passed along by high-profile conservative websites like the Drudge Report.

Will people fall for Arpaio’s pitch again?

Are you kidding?

He makes the scammers pretending to be deposed royal figure or a millionaire from Nigeria look like amateurs.

 

Photo Credit: Western Journalism – Informing And Equipping Americans Who Love Freedom