Judge Schwab vs. Escobar vs. Obama

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A judges decision filed today, finally identifies the core of the immigration issue, no separation of power by the White House.

Judge Schwab, a Bush appointee is calling into question the moral imperative that Barack Obama is using to render an amnesty program giving refugee relief for a number of illegals from 4 million to upwards of 11 million.

MEMORANDUM OPINION AND ORDER OF COURT RE: APPLICABILITY OF PRESIDENT OBAMA’S NOVEMBER 20, 2014 EXECUTIVE ACTION ON IMMIGRATION TO THIS DEFENDANT

On November 20, 2014, President Obama announced an Executive Action on immigration, which will affect approximately four million undocumented immigrants who are unlawfully present in the United States of America. This Executive Action raises concerns about the separation of powers between the legislative and executive branches of government. This core constitutional issue necessitates judicial review to ensure that executive power is governed by and answerable to the law such that “the sword that executeth the law is in it, and not above it.” Laurence Tribe, American Constitutional Law, 630 (3ed.-Vol. 1) (2000), quoting James Harrington, The Commonwealth of Oceana 25 (J.G.A. Pocock ed. 1992)(originally published 1656).

The Judge went on to include in his decision:

Had Defendant been arrested in a “sanctuary state” or a “sanctuary city,” local law enforcement likely would not have reported him to Homeland Security. If Defendant had not been reported to Homeland Security, he would likely not have been indicted for one count of re- entry of a removed alien in violation of 8 U.S.C. § 1326. Further, neither a federal indictment nor deportation proceedings were inevitable, even after Immigration and Customs Enforcement (“ICE”), a division of Homeland Security, became involved.

In 2013, ICE personnel declined to bring charges against thousands of undocumented immigrants who had previous criminal convictions.3 Therefore, Defendant possibly would not be facing sentencing and/or deportation if he had been arrested under the same circu mstances, but in another city/state or if different ICE personnel had reviewed his case. 1. Does the Executive Action announced by President Obama on November 20, 2014, apply to this Defendant? A. If yes, please provide the factual basis and legal reasoning. B. If no, please provide the factual basis and legal reasoning. 2. Are there any constitutional and/or statutory considerations that this Court needs to address as to this Defendant? If so, what are those constitutional and/or statutory considerations, and how should the Court resolve these issues? Doc. No. 26. The Court also invited any interested amicus to submit briefs by the same date. Id. Any party could file a response thereto on or before noon on December 11, 2014. Id. The Government, in its four (4) page response thereto, contended that the Executive Action is inapplicable to criminal prosecutions under 8 U.S.C. § 1326(a), and argued that the Executive Action solely relates to civil immigration enforcement status. Doc. No. 30. Defense Counsel indicated that, as to this Defendant, the Executive Action “created an additional avenue of deferred action that will be available for undocumented parents of United States citizen[s] or permanent resident children.”4 Doc. No. 31, 3. In addition, Defense Counsel noted that the United States Citizenship and Immigration Services (“USCIS”) “has announced that certain citizens of Honduras living in the United States are eligible to extend their Temporary Protected Status (TPS) so as to protect them from turmoil facing the citizens of that nation.” Id. at 5.

Additionally from the Judge: B. Substance of the Executive Action On November 20, 2014, President Obama addressed the Nation in a televised speech, during which he outlined an Executive Action on immigration. Text of Speech: http://www.whitehouse.gov/the-press-office/2014/11/20/remarks-president-address-nation- immigration. President Obama stated that the immigration system is “broken,” in part because some “play by the rules [but] watch others flout the rules.” President Obama outlined that he had taken actions to secure the borders and worked with Congress in a failed attempt to reach a legislative solution. However, he stated that lack of substantive legislation necessitated that his 8 Case 2:14-cr-00180-AJS Document 32 Filed 12/16/14 Page 9 of 38 administration take the following actions “that will help make our immigration system more fair and more just”: First, we’ll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings, and speed the return of those who do cross over. Second, I’ll make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed. Third, we’ll take steps to deal responsibility with the millions of undocumented immigrants who already live in our country. As to this third action, which may affect Defendant, President Obama stated that he would prioritize deportations on “actual threats to our security.” The President also announced the following “deal”: If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes — you’ll be able to apply to stay in this country temporarily without fear of deportation. You can come out of the shadows and get right with the law. That’s what this deal is. Thus, in essence, the President’s November 20, 2014 Executive Action announced two different “enforcement” policies: (1) a policy that expanded the granting of deferred action status to certain categories of undocumented immigrants; and, (2) a policy that updated the removal/deportation priorities for certain categories of undocumented immigrants. We are likely at step one of the legal showdown between Judge’s and the White House over immigration and the authority of Barack Obama.

Behind The Playbooks for Domestic Protests

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When in 2012, the Republican National Committee put out an intelligence report to be on the look out for Lisa Fifthian, the homework has already been completed. When an intelligence report lists one or more names, there are others and many you should know by now.

There are playbooks that are used for training nationally regardless of the event that stirs and inspired protests. None of this is especially new but it predicts events as we have seen in Ferguson, Missouri, Oakland, California, Boston, Massachusetts, Washington, DC, and New York.

The manuals by Lisa Fifthian leads to violence and goes back many many years. Lisa has been active going back to the 1970’s. Yet since 1999, she has been very busy cultivating nefarious friends and scheduling protests.

Since the successful Shut-Down of the World Trade Organization, WTO  in Seattle in 1999, Lisa has worked extensively in the Global Justice movement. Lisa provided trainings and was actively involved in WTO and helped found the Continental Direct Action Network afterwards.  Lisa organized against the WTO meeting in Cancun, Mexico, 2003, where the talks also collapsed. She played a coordinating role at the Republican and Democratic Conventions in 2000 and 2004 with her primary focus on the 2000 Democratic Convention in LA and the 2004 Republican Convention in New York City.

Lisa led nonviolent direct action trainings and helped facilitate the street actions at the IMF/World Bank meetings in Washington DC (2000, 2001, 2002), Prague (2000) and Ottawa (2002). She helped organize against the World Economic Forum in New York (2002) and at the FTAA Summit in Quebec (2001) and in Miami (2003). Lisa has organized at the G8 Summits in Genoa, Italy (2001), Calgary, Canada (2002), Evian, Switzerland (2003) Brunswick, Georgia, USA (2004), Gleneagles, Scotland (2005) and most recently in Heilingdamm, Germany (2007) and Sapporo, Japan (2008). In 2003, Lisa spent several weeks in Palestine, working with the International Solidarity Movement acting as a human shield for Palestinians in Jenin and Nablus and to prevent the demolition of homes.

Lisa has also worked for environmental justice in Texas supporting Save Our Springs Alliance, helping to found the Greater Edwards Aquifer Alliance in 2002, which has grown to over 40 groups in Central Texas and working with the Environmental Support Center to bring over 12 EJ grants to Texas groups.

Lisa has been active in trying to end the most recent war in Iraq, serving on United for Peace and Justice’s national steering committee since 2003 and organizing protests in New York, Washington DC, Austin and Houston, TX.   In 2005, Lisa provided direct support to Cindy Sheehan at Camp Casey in the ditch in Crawford, TX helping to coordinate daily activities and actions.  Lisa then coordinated the Bring Them Home Now Tour, consisting of 3 caravans that led to over 200 events in 52 cities in 28 states in 25 days.

Remember the teachers union protests in Chicago?  Who organized the Ferguson protests and provided training?

What about that ‘Green’ agenda that began in Wisconsin as we see with this headline: Wisconsin becomes a hotbed of Green electorates

Don’t forget the Green Czar, Van Jones that went to work in the White House under Barack Obama and when outed by Glenn Beck, he tendered his immediate resignation and left in the middle of the night.

So, let’s look at Lisa’s tools. Without shame, one title of her work is ‘Tools for Organizers, Activists, Educators and Other Hell-Raisers.

Two other organizations that subscribe to Lisa’s work, her training platform and her calendar of activities are the ACLU and the Ruckus Society. The manual for the Ruckus Society is here and the ACLU has a manual as well, found here.

Just in case you are not convinced, perhaps a once secret document explains more.  Published by the New York Times:

SECRET
27 February 2004
Key Findings
MILITANT ACTIVIST ARRESTED IN PBMN; SUBJECT FOUND IN POSSESSION OF BOMB-MAKING INSTRUCTIONS AS WELL AS RNC RELATED LITERATURE o Names specific political and logistical targets for terrorism and makes reference to upcoming RNC. o Refers to Times Square as “The next ground zero.”
ACTIVIST GROUP PLANNING MARCH FROM BOSTON TO NEW YORK CITY o March to be comprised of both anti DNC and RNC activist groups. o Group claimed to have already contacted leaders of groups currently organizing protests in Boston and New York City.
INTERNATIONAL SOLIDARITY MOVEMENT GAINING SUPPORT FOR MARCH 20rn WEST COAST ANTI-WAR DEMONSTRATION; PROMINENT MEMBER OF ISM ALIGNING HIMSELF WITH ANARCHIST GROUP
o ISM organizers anticipate substantial support and participation in March 20th anti- war demonstration in San Francisco.
o Jaggi Singh, a prominent member of the ISM, has reportedly been aligning himself with an anarchist prisoner rights group.
PROMINENT ACTIVISTS WHO WILL BE PRESENT IN NEW YORK CITY DURNIG THE AUGUST 2004 REPUBLICAN NATIONAL CONVENTION
o Lisa Fithian (Continental Direct Action Network) will reportedly be present in New York City during the RNC to provide support for arrested protestors.

 

The question becomes where is the FBI? Calculating the costs of increased law enforcement as well as damage to property remains a growing number.

The Last General(s) who Wanted to Win a War?

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Were General(s) Patton and McArthur the last two generals that wanted to win a war? Patton wanted to move forward and take out the Soviets, his command was taken away. Then McArthur wanted to win in the Pacific and Truman refused to listen, so McArthur wrote a letter to a congressman who read it on the House floor, he was fired…Old soldiers never die, they just fade away…

Does the West want to win a war or just the hearts and mind of the enemy?

A skyward look at the world and macro view of the enemy tells global leaders the enemy has prevailed and is in fact emboldened. As 2014 was to close military operation in Afghanistan, such is not the case, as more U.S. troops are being deployed and their operations have expanded until the end of 2015.

When there is no will to win even after thirteen plus years, the costs grow such they cannot be fully measured. Barack Obama pulled U.S. troops out of Iraq before the mission was complete and now a rather secret troop expansion is going on there as well. Then there is Yemen, Somalia, Libya, Syria, Nigeria and Sudan. The questions are, will the rules of engagement change and what is has been the cost so far and the cost in the future?

WASHINGTON, Dec. 15 (UPI) — The U.S. war in Afghanistan has cost nearly $1 trillion with several hundred billion yet to be spent after the U.S. presence officially ends.

The calculations by the British newspaper Financial Times, citing independent researchers, indicate over 80 percent of the spending came after 2009, when the Obama Administration increased U.S. military presence in Afghanistan.

The cost of the 13-year war, the longest in U.S. history, has never been quantified by the U.S. government. It is officially scheduled to end Dec. 31 with the final withdrawal of NATO combat troops.


Special inspector-general John Sopko, whose agency monitors spending on reconstruction projects in Afghanistan, noted billions of dollars have been wasted on, or stolen from, projects that made little sense.

“We simply cannot lose this amount of money again,” he said. “The American people will not put up with it, noting that, adjusting for inflation, the Afghan war cost the United States more than the Marshall Plan to rebuild Western Europe after World War II.

The funding for wars in Iraq and Afghanistan was entirely borrowed, and the United States has paid $260 million in interest, the Financial Times said, citing calculations by Ryan Edwards of the City University of New York. Yet to be paid are the costs of maintaining 10,000 U.S. troops in Afghanistan in non-combat roles, estimated at $56.4 billion, and $836 billion in estimated care for veterans of the two wars.

President Barack Obama will travel to Joint Base McGuire-Dix-Lakehurst, N.J., Monday for a ceremonial thanking of returning troops. “Our war in Afghanistan is coming to a responsible end,” he said in his weekly radio address.

We can always add in the fraud and corruption in war, most recently in Afghanistan. This is reported by Inspector Generals but few in Congress take a pro-active posture to stop it all. Meanwhile, food service is a problem and the most recent sample of fraud, costing us taxpayers.

Two companies — one from Switzerland and the other from the United Arab Emirates — have paid a massive fine to the U.S. government for overcharging for food and water supplied to U.S. troops in Afghanistan.

Supreme Foodservice GmbH, a privately held Swiss company, and Supreme Foodservice FZE, a United Arab Emirates company, entered the plea in U.S. District Court in Pennsylvania and paid a fine of $288.6 million, the Justice Department reported.

Supreme Group B.V. and a number of its subsidiaries also agreed to pay an additional $146 million to settle civil lawsuits – including a whistleblower lawsuit in Virginia — involving alleged “false billings to the Department of Defense for fuel and transporting cargo to American soldiers in Afghanistan.”

“These companies chose to commit their fraud in connection with a contract to supply food and water to our nation’s fighting men and women serving in Afghanistan,” said U.S. Attorney Zane David Memeger for the eastern district of Pennsylvania. “That kind of conduct is repugnant, and we will use every available resource to punish such illegal war profiteering.”

 

Iranian Refugee Caused Sydney Seige

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Authorities in Australia knew very well about the gunman who held several holiday shoppers in a store in Sydney, Australia but little was done to watch him over political correctness. C’mon America, don’t think the same ignorance in not going on around our own homeland.

Back in 2013, a Sydney man admits sending abusive letters to dead Afghanistan veterans’ families

A man accused of sending abusive letters to the families of Australian soldiers killed in Afghanistan has formally pleaded guilty in a Sydney court.

Man Monis, who also uses the name Sheik Haron, sent the letters between November 2007 and August 2009.

A court has previously heard the letters criticised Australia’s involvement in Afghanistan and labelled the soldiers murderers.

Monis sent letters to the families of seven soldiers killed in action, as well as one man who died in the 2009 Marriott Hotel bombing in Indonesia.

Bree Till received a letter in March 2009, less than a fortnight after her husband Brett died in Southern Afghanistan. It opened with condolences, before becoming abusive.

“This man accusing my husband of being a child killer whilst dictating how I should raise my children,” she said outside court today. “The fact that there was any question as to whether this was right or wrong, that was difficult.”

Monis has pleaded guilty to 12 counts of using a postal service to offend on the grounds of recklessness. His co-accused, Amirah Droudis, has also pleaded guilty to one count of aiding and abetting Monis, after she sent an item of mail in May 2008.

Monis gained notoriety by chaining himself to a railing outside a Sydney court in 2009 in protest against the charges he was facing. In February, he also lost a High Court challenge to the charges, after claiming they were unconstitutional.

The case had been seen as an important test of the implied right to freedom of political speech in the Constitution. Monis left court today with two fingers in the air, signifying the peace sign.

So what more was there to know about Monis? Well his own website explained everything.

This is an evidence for the terrorism of America and its allies including Australia. The result of their airstrikes:

Note, there is supposed to be photo below, it is of bloody dead children that was on the gunman’s website. It is apparent that WordPress is not allowing the photos. What is worse is the actual website by the Sydney gunman has also been taken down. He is dead.

Islam is the religion of peace, that’s why Muslims fight against the oppression and terrorism of USA and its allies including UK and Australia. If we stay silent towards the criminals we cannot have a peaceful society. The more you fight with crime, the more peaceful you are. Islam wants peace on the Earth, that’s why Muslims want to stop terrorism of America and its allies. When you speak out against crime you have taken one step towards peace.

(14 December 2014)

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I used to be a Rafidi, but not anymore. Now I am a Muslim, Alhamdu Lillah

(December 2014)

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باقية و تتمدد بإذن الله

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مبايعة الشيخ هارون

بسم الله الرحمن الرحيم

أطيعوا الله و أطيعوا الرسول و أولي الأمر منكم
البيعة مع الله و رسوله و أمير المؤمنين – أبايع الله و رسوله و خليفة المسلمين
الحمد لله رب العالمين و الصلاة و السلام على نبينا محمد و على اله و أصحابه أجمعين و التابعين منهم والسلام على أمير المؤمنين خليفة المسلمين إمام عصرنا الحاضر و الحمد لله الذي جعل لنا خليفة في الأرض و إماما يدعونا إلى الإسلام و الإعتصام بحبل الله سبحانه و تعالى. و الحمد لله الذي شرّفني ببيعة إمام زماننا . إنّ الذين يبايعون خليفة المسلمين فإنما يبايعون الله و رسوله يد الله فوق أيديهم . و قال رسول الله صلى عليه و سلم من مات و لم يعرف إمام زمانه مات ميتة جاهلية . والحمد لله الذي لم يجعلني من الذين ماتوا و لم يعرفوا إمام زمانهم . و الحمد لله على نعمة الإيمان و كفى بها نعمة و أفوض أمري إلى الله إنّ الله بصير بالعباد
والسلام على من اتبع الهدى
هارون – سيدني أستراليا
الإثنين 24 محرم 1436

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في الزمن السابق قد رفعت راية غير راية الإسلام فأستغفر الله و أتوب اليه و أقسم بالله العظيم أن لا أرفع راية غير راية رسول الله صل الله عليه و سلم

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Click here to read about Sheikh Haron

Sheikh Haron’s Statement dated 6 October 2014 to the Muslim Community:

Read the statement

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Letter of Sheikh Haron to Ayatollah Sistani: The conflict in Iraq is not between “two Muslim groups”, it is between “Muslims” and “Munafiqeen”.

ليست الحرب في العراق بين الفريقين من المسلمين بل الحرب هي بين المسلمين و المنافقين

Letter of Sheikh Haron to Prime Minister Tony Abbott 1 November 2013

Anyone Paying Attention to Putin?

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The domestic scandals continue to mount while the wars in Iraq and Afghanistan and even Yemen seem to be dismissed. Why no attention to Ukraine or the Baltic States? Ah, leaving that to NATO leadership is the solution, but NATO leadership is the United States.

(Reuters) – Russia’s Foreign Ministry said on Friday it would not follow “American diktat” over the Intermediate-Range Nuclear Treaty between the two countries.

The ministry said in a statement that the United States continues to follow a logic of confrontation in its dealings with Russia and referred to accusations made recently in the U.S. Congress that Russia had violated the missile treaty.

What does need to be understood? Russia is a nuclear weapons state and in violation of treaties. Then Putin has a very aggressive operation underway against the West. America has an outgoing Secretary of Defense and his replacement has not been confirmed. So? Well consider countermeasures…

Pentagon Planning Military Counter to Russia’s Treaty-Prohibited Cruise Missiles

Russian violation of an arms control agreement poses a threat to U.S. and its allies’ security interests, leading the Joint Staff to conduct a military assessment of its threat, a senior defense official said here today.

Brian P. McKeon, principal deputy undersecretary of defense for policy, testified alongside Rose Gottemoeller, undersecretary of state for international security, in a joint hearing before the House Armed Services Committee’s subcommittee on strategic forces, and the House Foreign Affairs Committee’s subcommittee on terrorism, nonproliferation and trade regarding Russian noncompliance with the Intermediate Nuclear-Range Forces treaty.

In the course of “closely” monitoring compliance of arms control treaties, McKeon said, it was determined that Russia was in violation of the INF treaty. . . .

“As a result of Russia’s actions,” McKeon said, “the Joint Staff has conducted a military assessment of the threat were Russia to deploy an INF treaty-range ground-launch cruise missile in Europe or the Asia-Pacific region.

“This assessment has led us to review a broad range of military response options,” he said, “and to consider the effect each option could have on convincing Russian leadership to return to compliance with the INF treaty, as well as countering the capability of a Russian INF treaty-prohibited system.”

McKeon emphasized that the department doesn’t want to engage in an “escalatory cycle” of action and reaction.”

However, Russia’s lack of meaningful engagement on this issue — if it persists — will ultimately require the United States to take actions to protect its interests and security along with those of its allies and partners,” he added. “Those actions will make Russia less secure.”

Treaty Importance, Steps Taken

“We believe the INF treaty contributes to not only U.S. and Russian security,” McKeon said, “but also to that of our allies and partners. For that reason, Russian possession, development or deployment of a weapons system in violation of the treaty will not be ignored. . . .”

“Such a violation threatens our security and the collective security of many allies and partners,” he added. “This violation will not go unanswered, because there is too much at stake”

Former Commander Urges NATO to Send Arms to Ukraine  

Full text of requirements is here.

A former commander of Nato in Europe has called for the alliance to send arms and military advisers to Ukraine to help it fight Moscow-backed separatists.

James Stavridis said during a visit to London: “I think we should provide significant military assistance to the Ukrainian military. I don’t think we should limit ourselves to, non-lethal aid. I think we should provide ammunition, fuel, logistics. I think cyber-assistance would be very significant and helpful, as well as advice and potentially advisers.

“I don’t think there needs to be huge numbers of Nato troops on the ground. The Ukrainian military can resist what’s happening, but they need some assistance in order to do that.”

Ukraine announced on Friday that it would conscript 40,000 more soldiers next year and double its military budget, in an attempt to counter the separatist threat in the east. . . .

Bob Corker, the senior Republican member of the Senate foreign relations committee, said: “The hesitant US response to Russia’s continued invasion of Ukraine threatens to escalate this conflict even further. Unanimous support for our bill demonstrates a firm commitment to Ukrainian sovereignty and to making sure [Vladimir] Putin pays for his assault on freedom and security in Europe.”