Thread: ERNEST ISTOOK: Phantom executive order on amnesty: It’s a trap!

ERNEST ISTOOK: Phantom executive order on amnesty: It’s a trap!

Misuse of the executive order label has damaged efforts to hold President Obama accountable. Critics fell into a White House trap, part of its strategy to villainize those who disagree.

Phantom executive order on amnesty: It’s a trap!



President Obama told us how he would bypass Congress on immigration and amnesty: "I've got a pen and I've got a phone." But as writer Ernest points out in his column, "A pen leaves written trails. His phone calls to subordinates do not." (Official White House Photo by Pete Souza)

By Ernest Istook - - Friday, December 5, 2014

Some people react with amazement when they learn that there is no executive order from President Obama to launch his immigration amnesty plan.

There is executive action, but there is no “executive order.”

Media, activists, pundits, talk-show hosts, Tea Partiers, liberals, elected officials and everyday people have all misdescribed how Mr. Obama’s aggressive power grab works. An “executive order” is a specific species of presidential action, but it’s only one of the tools a president can employ toward his goals. It’s actually one of the lesser ways that he abuses his authority.
Mr. Obama told us how he would bypass Congress: “I’ve got a pen and I’ve got a phone.” A pen leaves written trails. His phone calls to subordinates do not.
Some of us, a very few, have tried to warn people away from claiming that executive orders are the proof that Mr. Obama tries to act like a king. The White House has been happy with that wrongful description because it enabled them to set a trap.
The pop culture equivalent is the plot of “Star Wars Episode I: The Phantom Menace.” An illusory source of threats to the Republic was used to distract senators and the Jedi from recognizing and confronting the true threat, who then became the Emperor. Or, as Admiral Ackbar said in the original “Star Wars” film, “It’s a trap!”
In Washington, after conservatives centered their criticisms around Mr. Obama’s executive orders, a real life trap was sprung. Liberals now saturate the Internet with White House talking points, typified by this from a Huffington Post column: “In fact, Obama has issued fewer executive orders than every president since 1901. While Democratic presidents have relied on executive orders more frequently than Republicans over the last 100 years, Obama’s average executive orders per year in office fall nearly 3.3 points below George W. Bush, 8.4 below George H.W. Bush and roughly 14.5 points below Ronald Reagan.”
The numbers are meaningless because not all executive orders are created equal. Some are major and some are minor. You can measure your cash by counting how many green pieces of paper are in your wallet but it makes a huge difference whether they are $1 bills or $100 bills.
More importantly, your ability to spend does not require that you use cash. You also have credit cards, debit cards, a bank account, perhaps some mutual funds, and maybe even gold or silver coins.
Executive orders are consecutively numbered official documents, published in the Federal Register and filed with the National Archives, but are merely one type of presidential order. President Obama does not act solely through these. He instead surrounds himself with sycophantic followers who will do his bidding, with or without his phone calls to them. Like any executive, Mr. Obama delegates. Politicians, mob bosses and the evil Emperor Palpatine get others to do their dirty work so they can pretend that their hands are clean.
Mr. Obama is responsible for his amnesty policy but his minions carry it out.
The immigration amnesty directives actually were issued through instructive memos from the Department of Justice and the Department of Homeland Security, carrying out Mr. Obama’s wishes. The Justice Department issued a legal justification memo. It is deeply flawed but it gives the illusion of propriety. Then, Homeland Security issued a policy memo to all immigration and enforcement agencies, signed by Secretary Jeh Johnson, directing them to follow the amnesty policies rather than enforcing our laws.
These documents are the tip of the iceberg. Prior memos, guidelines, directives, interpretations, etc., were used to set things up. But none of those were “executive orders.” Neither were the president’s frequent political maneuvers to adjust Obamacare with things like waivers, interpretations and guidance documents that disregard the plain text of the actual law.
In like manner, Mr. Obama’s assault on America’s fossil fuel industries is done through rules and regulations, issued through his appointees in departments and agencies like the EPA. For his Internet control agenda, Mr. Obama uses the federal Communications Commission to act on “net neutrality.” Mr. Obama’s efforts to control what the public knows was done in 2009 through a legal memo to agencies. It instructed them that all information requests must go through White House clearance and filtering.
A hallmark of Mr. Obama’s administration is how it evades accountability. That includes gimmicks to thwart lawsuits challenging its actions. Policies, reports or documents are labeled temporary or provisional or still under review as one way to deny Freedom of Information Act requests. The Homeland Security secretary just told Congress he cannot testify about key details of our border security policy because the old policy was thrown out a while back and they’re still working on a new one.

Story Continues →

http://www.washingtontimes.com/news/...rder-its-trap/

Limbaugh: There is no executive order on amnesty

'This is even more corrupt than anyone conceived!'

Published: 3 hours ago

Joe Kovacs

Rush Limbaugh

Radio host Rush Limbaugh is now broadcasting the fact that President Obama never personally signed any executive order in connection with his recent move providing amnesty for up to 5 million illegal immigrants.
“Do you know that Obama has not signed any executive action or order for this?” Limbaugh stated on his top-rated national program Tuesday. “Folks, this is even more corrupt than anybody conceived!
“He just wrote a memo instructing Homeland Security not to deport 5 million people. There is no actual executive order.”
The news that Obama had not signed an executive order to carry out the policy he announced to the nation in a televised address Nov. 20 was broken last week by WND Senior Staff Writer Jerome Corsi.
As to why Obama would not sign any official amnesty order, Limbaugh opined, “The reason for this is abundantly clear. If anybody wants to prosecute this, what do you prosecute? There’s no executive order. There’s no person to go focus on.”
He concluded by lamenting “the lying that’s going on in mainstream America today! … The truth is the biggest casualty because the truth has become relative. The truth is all dependent on what the powerful can make it be.”
Limbaugh’s remarks come one day after U.S. Sen. Jeff Sessions, R-Ala., a leading opponent of Obama’s amnesty plan, expressed astonishment and ridiculed the administration for not carrying out the action through an executive order.

U.S. Sen. Jeff Sessions, R-Ala.

In remarks made at the Washington office of the government-watchdog group Judicial Watch, Sessions said: “I guess they just whispered in the ear of (DHS Director) Jeh Johnson over at Homeland Security, ‘Just put out a memo. That way we don’t have to enforce the law.’”
As a result of the president’s use of a memo instead of an official order, the senator observed: “We don’t even have a really significant, direct, legal direction that we can ascertain, precisely what the president is doing. It’s a stunning event in my view.”
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The senator believes the result was “the creation of a new, alternative immigration system” despite the fact the president “is not empowered to do that.”
Sessions noted the president had publicly acknowledged more than 20 times in recent years that he did not have the constitutional authority to unilaterally implement amnesty. As the senator read excerpts of Obama’s own words, members of the audience laughed aloud at how much those words differed from the president’s actions.
The president should simply uphold the Constitution as it is, Sessions said, “not as he wishes it would be.”
Sessions, who was a U.S. attorney for 12 years and Alabama attorney general for two years, said it was clear the Constitution gives Congress powers over naturalization law.
He called Obama’s amnesty a scheme Congress had explicitly rejected after multiple efforts.
“The House said no, and the American people said no. Congress said no, and the president has gone forward.”
Despite that, Sessions observed, powerful forces wanted amnesty.
“I mean, the president wanted that, Sen. Chuck Schumer, D-N.Y, wanted that, some Republicans wanted that, business groups wanted that, La Raza wanted that, ACLU, all these people wanted it,” he said.
But the American people did not, said the senator, which is why Congress had decided to limit the number of people who can enter the country to live and work.
The senator dropped a bombshell last week when he revealed he had learned the Obama administration is opening a facility in Crystal City, Virginia, to implement the president’s amnesty plan.
Sessions discovered the U.S. Citizenship and Immigration Services, or USCIS, is hiring 1,000 full-time and permanent staff members to quickly approve illegal immigrants’ applications for amnesty.
Sessions also learned the administration will provide work permits, photo IDs, Social Security and Medicare to illegal immigrants.
He noted that all of those benefits for illegal immigrants had been rejected by Congress.
The Obama administration had initially indicated illegal immigrants would not be eligible for Social Security benefits, but officials were forced to admit the plans after Sessions revealed them.
On Monday, Sessions repeated his call to House leaders to add language into the pending omnibus spending bill blocking funds for executive amnesty. House leaders have resisted the effort by GOP conservatives.
He said the most effective tool is public opinion, and he asked voters to make clear to their elected representatives how much they oppose amnesty.
“We’ve got a challenge, but I think the American people get it. I think they are going to insist their voice will be heard,” predicted Sessions.
Sessions said it was known that government officials held some 20 meetings with business stakeholders hoping for amnesty, adding, “You know who’s not a stakeholder? You. John Q. Public.”
Sessions was introduced by Judicial Watch President Tom Fitton, whose organization has broken numerous big developments in administration scandals involving the IRS, Benghazi, Obamacare and Fast and Furious gunrunning, as well as immigration.
Just last week, Judicial Watch Director of Investigations Chris Farrell told WND a government assertion that no terrorists had crossed the southern border into the country was “simply false” and provided details to the contrary.
In his introduction, Fitton noted the public doesn’t want amnesty, “but leaders of both parties do.”
He reminded listeners how Judicial Watch had published “story after story” exposing the Obama amnesty agenda and its inherent dangers.
Most pointedly, Fitton observed that amnesty was not about illegal aliens, it was about the illegal alien vote, and “the illegal alien vote is about stealing elections.”
He referred to a study he said showed that enough illegals voted in 2014 to give Obama a margin of victory in his re-election campaign. Illegals also provided enough votes to elect the 60th Democrat senator needed to pass Obamacare in the face of GOP opposition.

http://www.wnd.com/2014/12/limbaugh-...er-on-amnesty/

Extortion/Money Laundering and the GOP Elite are Neck Deep

Drudge Report

O TAUNTS: NEXT PRESIDENT WON'T REVERSE AMNESTY ORDER



Obama: Next president won’t undo my immigration reforms
President Obama insisted Tuesday that his successor won’t take the political risk that would come with reversing his recent executive action on immigration reform.
washingtontimes.com|By Ben Wolfgang

article at the page link:


http://www.washingtontimes.com/news/...ration-reform/

So in conclusion:

AmeriKa has a Rogue POTUS that ARMS ISIS; ARMS Mexican NARCO Drug Cartels; makes IMAGINARY Laws ... that a REPUBLICAN CONGRESS Funds

Remember Murica ... If you like your POTUS... you can keep'm for a life Term

Originally Posted by AirborneSapper7

So in conclusion:

AmeriKa has a Rogue POTUS that ARMS ISIS; ARMS Mexican NARCO Drug Cartels; makes IMAGINARY Laws ... that a REPUBLICAN CONGRESS Funds

Remember Murica ... If you like your POTUS... you can keep'm for a life Term

I'll agree with Obama on one thing; Congress is now Irrelevant; out dated and are being paid way to much money to be Irrelevant

Its laws mean nothing... If Congresses Laws don't apply to Obama they don't apply to MeriKa

When Imaginy Laws are paid with Imaginy Money that doesn't exist then Imaginary citizens shouldn't have to pay

Boehner and McConnell are stumbling hand over foot to pay for a Imaginary Executive Amnesty; that the POTUS Cannot Do and HAS NOT even Done

Obama isn't giving Amnesty; the GOP Elite are

WND EXCLUSIVE

Head fake? Obama never signed amnesty order

National Archives official confirms shocker – no such filing exists

Published: 12/04/2014 at 6:45 PM

Jerome R. Corsi



President Obama strides to a podium in the East Room at the White House Nov. 20 to deliver an address to the nation on his immigration actions (Screenshot from White House video).

NEW YORK – It’s common knowledge President Obama signed an executive order directing the Department of Homeland Security to forgive millions of illegal aliens for their past violations of immigration law, right?
Wrong.
Today the National Archives and Records Administration, responsible for maintaining such filings, said no such executive order was ever signed or filed, confirming WND’s report Wednesday.
A National Archives librarian, Jeffrey Hartley, made the confirmation in an email Thursday to WND.
“As I indicated, it would appear that there is not an Executive Order stemming from the President’s remarks on November 20 on immigration,” Hartley wrote.
Hartley said that neither of the executive orders Obama signed in Las Vegas the day after his announcement fulfill his plan to defer deportations and grant work permits to up to 5 million illegal aliens.
“The only two documents that I have located are two Presidential Memoranda, which are available from the White House site,” Hartley’s email continued. “They can also be found in the November 26, 2014 issue of the Federal Register.”
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The two documents Hartley referenced were the two executive orders Obama signed in Las Vegas Nov. 21.
One was a presidential proclamation creating a White House Task Force on New Americans and the other a presidential memorandum instructing the secretaries of State and Homeland Security to consult with various governmental and non-governmental entities to reduce costs and improve service in issuing immigrant and non-immigrant visas.
What do YOU think? Why didn’t Obama actually sign an amnesty order? Sound off in today’s WND poll!
Meanwhile, the office of Texas Attorney General and Governor-elect Greg Abbott – who has filed a lawsuit against Obama’s immigration action – told WND it was aware there was no executive order signed by Obama implementing the actions outlined to the nation in his Nov. 20 speech.
On Wednesday, attorneys general in 16 other states joined in the lawsuit with Abbott charging 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.
Abbott 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.”
Abbott’s press office referred WND to the complaint filed with the U.S. District Court for the Southern District of Texas asking for declaratory and injunctive relief.
The complaint states: “The President’s new policies were effectuated through Defendant Johnson’s DHS Directive.”
If confirms WND’s report that the only Obama administration document relevant to the plan Obama announced Nov. 20 is a DHS memorandum signed by 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.”
Abbott’s complaint further indicated the only basis for the DHS memo directing the change in the operation of the Deferred Action for Child Arrivals program was not a presidential executive order but a legal opinion written by the principal deputy assistant attorney general in the Office of Legal Counsel, Karl R. Thompson, to advise Johnson and White House counsel.
The principal argument in Abbott’s complaint is that the DHS directive violates the president’s constitutional duty to “take Care that the Laws be faithfully executed,” as set forth by the U.S. Constitution in Article II, Section 3, Clause 5.
“The Take Care Clause limits the President’s power and ensures that he will faithfully execute Congress’s laws – not rewrite them under the guise of executive ‘discretion,’” Abbott’s complaint stated in the first count.
The second count further confirmed WND’s reporting that Johnson’s Nov. 20 memorandum has not been filed in the Federal Register, which means it has not been available for public comment as required by federal law for federal administrative agencies seeking to engage in rulemaking.
“The Defendants promulgated and relied upon the DHS Directive without authority and without notice-and-comment rulemaking,” Abbott’s complaint specified in Count Two. “It is therefore unlawful.”
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.”
In an interview with WND Wednesday, Tom Fitton, president of Washington-based watchdog Judicial Watch, said the legal status of Johnson’s memo is a serious constitutional question that deserves to be adjudicated.
He said Obama’s “entire implementing authority” regarding the immigration action is Johnson’s memo, “which changes the immigration law, directing federal money to be spent that has not been appropriated by Congress.”
“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.

How did everyone get it wrong?
How then did the White House manage to convince the mainstream media, Congress and the nation that Obama had signed in Las Vegas two executive orders to implement the immigration actions he announced in his Nov. 20 speech from the White House?
On Nov. 20 at approximately 6 p.m., the White House press office released a “Fact Sheet” titled “Immigration Accountability Executive Action.”
The first sentence read: “The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable, and ensure that everyone plays by the same rules. Acting within his legal authority, the President is taking an important step to fix our broken immigration system.”
The second sentence stated: “These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the U.S. without fear of deportation.”
While neither sentence claimed Obama was about to sign an implementing executive order, both conveyed the impression “executive actions” would be taken to somehow legitimate the status of some 5 million illegal immigrants currently in the country.
In his Nov. 20 speech, Obama said: “Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as President – the same kinds of actions taken by Democratic and Republican presidents before me – that will help make our immigration system more fair and more just. Tonight, I am announcing those actions.”
The next day, the White House press office issued a “travel pool report” documenting that at about 12:15 p.m. local time in Las Vegas, shortly after landing and still aboard Air Force One, President Obama “signed two memoranda associated with his executive actions on immigration,” giving the impression the documents were orders to implement the changes in policy the president had specified in his speech.
The pool report said only still photographers were invited to record the signing, with no pool reporters allowed to be present or to answer questions.
Upon landing in Las Vegas, the White House press office released a statement saying, “Today aboard Air Force One the president signed two Presidential Memoranda associated with his executive actions.”
The White House press office did properly identify the contents of the two presidential memoranda, but no White House reporter at the time observed that they had nothing to do with modifying prosecution under DACA but dealt instead with unrelated immigration matters.
In his Las Vegas speech at Del Sol High School, Obama said: “We’re going to keep on working with members of Congress to make permanent reform a reality. But until that day comes, there are actions that I have the legal authority to take that will help make our immigration system more fair and more just. And this morning, I began to take some of those actions.”


http://www.wnd.com/2014/12/head-fake...amnesty-order/

Obama Never Signed Amnesty Order!

https://www.youtube.com/watch?v=GRajcsRqxFM

Head fake? Obama never signed amnesty order National Archives official confirms shock

Today the National Archives and Records Administration, responsible for maintaining such filings, said no such executive order was ever signed or filed.

World Net Daily
Published: 12/04/2014