Monday, September 9, 2019

CORRUPT JUDGE JON S TIGAR SABOTAGES THE AMERICAN WORKER AND BORDERS ON BEHALF THE OPEN BORDERS GROUPS

ISN'T IT INTERESTING ALL THESE JUDGES GIVING THE MIDDLE FINGER TO OUR LAWS, BORDERS AND COUNTRY WERE APPOINTED   BY BARACK OBAMA AND LIKELY TO BE HISPANIC???





California Judge Puts National Block on Donald Trump’s Asylum Reform

Judge, Gavel
Getty Images
3:52

A California judge insists he has the authority to freeze a national asylum reform, despite an August decision by the pro-migration Ninth Court of Appeals which narrowed the judge’s reach to just California and Arizona.

The block prevents President Donald Trump’s deputies from telling migrants they have to ask for asylum in the safe countries they travel through before they can apply for asylum in the United States. Trump’s first-safe-country policy matches international rules, but it is strongly opposed by elitist pro-migration groups, including the ACLU which has sued to block the reform because it would prevent most of the economic migrants from moving into blue-collar Americans’ jobs, neighborhoods, and schools.
The judge announced Monday that he was extending his blocking rules from his California region to aid the migrants who reach the border at Texas and New Mexico.
Administration officials expect to appeal the judge’s national rule quickly, and then appeal the likely rejection by the pro-migration judges in the Ninth Circuit. Administration officials expect most of their policies to be blocked by Democratic-nominated judges and have adopted a policy of quickly pushing legal fights up to the Supreme Court.
“This is … ahem … unfortunate,” said a tweet from Ken Cuccinelli, the acting director of the U.S. Citizenship and Immigration Services agency. “And if you read the opinion you will notice an extraordinary concern for the [pro-migration] organizations – who are not the people affected (except that it’s their bu$ine$$ to work the issue).”
Officials are also pushing back against the national claim by U.S. District Judge Jon Tigar, based in Oakland, California. The same claim has been made by many other local judges opposed to Trump’s national immigration reforms.

DHS posts new regulation to replace the 2015 Flores catch-and-release court ruling. Expect lawsuits, but rule can shrink cartels' migration business by ending the quick releases which allow migrants who bring kids to get jobs & repay smuggling debts. http://bit.ly/2NlysFG 



Attorney General William Barr slammed the local judges’ claims to national authority in a September 5 article in the Wall Street Journal:
Under Article III of the Constitution, courts are supposed to apply the law to the parties before them—not to thousands or millions of third parties. The Framers rejected the idea that the courts should act as a “council of revision” with sweeping authority to reach beyond concrete controversies and rule on the legality of actions taken by the political branches. Moreover, the power of federal courts to issue injunctions derives from English practice, which allowed courts to restrain a defendant to the extent necessary to protect the rights of the plaintiffs in the case. Nationwide injunctions are a modern invention with no basis in the Constitution or common law.
Nationwide injunctions are also inconsistent with the mechanism the law recognizes to provide relief to nonparties: a class action, in which class members are bound by the result, win or lose, unless they opt out. Nationwide injunctions, by contrast, create an unfair, one-way system in which the democratically accountable government must fend off case after case to put its policy into effect, while those challenging the policy need only find a single sympathetic judge.
Nationwide injunctions “are legally and historically dubious,” noted Justice Clarence Thomas, concurring in Trump v. Hawaii (2018). “If federal courts continue to issue them, this Court is dutybound to adjudicate their authority to do so.” It is indeed well past time for our judiciary to re-examine a practice that embitters the political life of the nation, flouts constitutional principles, and stultifies sound judicial administration, all at the cost of public confidence in our institutions.
The ACLU’s top lawyer, Lee Gelernt, touted the judge’s claim, saying, “Court in Ca[lifornia] in our case just reinstated nationwide injunction of asylum ban 2.0. Will save lives.”
In fact, hundreds of migrants — old and young –have died, and many more have been raped or swindled, as they try to migrate into the United States, partly because the ACLU is opening up holes in the national border laws.
The case is East Bay Sanctuary Covenant, et al., Plaintiffs, v. William Barr, et al., Defendants. The case No. 19-cv-04073-JST.





EconomyImmigrationPoliticsACLUasylumeconomic migrantsJon TigarKen CuccinellimigrationWilliam Barr


SAVE CALIFORNIA, BAN ENVIRONMENTALISTS

Hold the straws, legalize the rats.


Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is an investigative journalist and writer focusing on the radical Left and Islamic terrorism.
The 6-foot-tall man dressed as a giant receipt stood on a stool next to the emblem of the State Capitol in Sacramento. He was there because Assemblyman Phil Ting of San Fran wanted to ban receipts.
California had a great ban streak going. It had already banned plastic bags, straws and dog breeders. Assemblyman Ting, who had only been known for wearing bow ties, had declared war on receipts.
And Ting had his aide wear a giant receipt to show how bad receipts were for the environment. And how better to crusade for the environment than by printing up a receipt 100,000 times normal size?
According to Ting’s people, receipts not only wasted trees and water, but were actually toxic. The San Francisco Democrat explained that receipts were coated in chemicals that weren’t allowed in baby bottles. It’s probably a good thing then that receipts don’t go inside baby bottles. Or inside babies.
There was even a hashtag, #SkiptheSlip.
In an extraordinary setback for stupid bans, Ting’s receipt ban bill never made it to the floor. But Ting tweeted that he was “glad to have raised awareness about the health & environmental harm receipts can cause. Change often takes time.” Next time around, the receipt bill ban will succeed.
Perhaps Ting ought to consider raising awareness about the 16,000 complaints of filth and waste in his own city. The human waste spread by his constituents is a lot more toxic than paper receipts.
The same Democrats who shrug at a hepatitis outbreak gasp at the toxicity of store receipts.
But Ting didn’t put all his bans in one basket. That same month, he also called for a ban on facial recognition body cameras for police. The fact that no police forces in California use facial recognition body cameras didn’t stop Ting and his partners at the ACLU from trying to ban them anyway.
Meanwhile, yet another bill set out to ban plastic shampoo bottles in hotel rooms. There would be inspections and a $2,000 fine for giving “a small plastic bottle containing a personal care product.”
"Small plastic bottles that are less than 12-ounces represent a sizeable amount of waste," Assemblyman Ash Kalra of San Jose declared. The irony was lost on him. Irony will probably be banned next year.
California Democrats allowed drug addicts and the insane to turn the state’s major cities into toilets leading to outbreaks of hepatitis and typhus. They still haven’t banned public defecation.
But a ban on plastic bottles is their priority.
Assemblyman Karla might have paid more attention to the shigella outbreak in San Jose. Shigella outbreaks are spread through human waste. Not through shampoo bottles. The shigella outbreak in San Jose infected 182 people. The only thing that can worsen disease outbreaks spread by human waste is banning single-use plastic in restaurants and fast food places. So that’s what the Democrats are doing.
But banning individual plastic things, like bags, straws and little bottles, isn’t a radical enough solution.
"Rather than continue to tinker around the edges with one-off bans of individual plastic items, we need a thoughtful, comprehensive solution," Senator Ben Allen warned. The solution thoughtfully declares that all single-use plastic is pollution and must be banned or everyone will die of plastic poisoning.
Nobody in Santa Monica, Allen’s home turf, has actually died of plastic poisoning. Instead, its homeless population is dying of drugs and alcohol, meth, PCP, and a beating with a bolt cutter by Ramon Escobar.
Escobar is an illegal alien who had been deported 6 times and fled to California from Texas. In the sanctuary state, the illegal alien criminal found a fresh hunting ground stocked with vulnerable victims.
Single-use plastics don’t kill. Filling your cities with the mentally ill and illegal aliens does. The thoughtful solution would be to criminalize crime, instead of decriminalizing it, while criminalizing everything else.
August’s bans were the latest outflow of a torrent of insane bans and bills flooding Sacramento. In July, there was CROWN or Creating a Respectful and Open Workplace for Natural hair which bans workplaces from asking employees to come to work groomed. Asking nurses or cooks not to wear dreadlocks is now illegal in California which will do wonders for the health and hygiene of hospitals and restaurants.
Meanwhile a bill to ban flavored tobacco products ran into interference from the Hookah Lobby. The Hookah Lobby, a previously unknown force in the Sacramento mental institution where all of the state’s legislative sessions take place, managed to scuttle a ban on cherry and apple vaping products.
But a ban on rat poison succeeded. That’s unfortunate because typhus, a disease making a comeback in Los Angeles, is spread by rats. The outbreak began when California Democrats decided that crazy people had a right to live on the street. The filthy conditions helped spread typhus with rats as the carriers.
After making it impossible to stop the homeless camps, Democrats made it impossible to stop the rats.
Democrats cried racism when President Trump pointed out Baltimore’s rat problem. Now they’ve gone to great lengths to protect the homeless-flea-rat typhus pipeline. Good thing the straws are banned.
San Francisco has a huge rat problem.
"We get complaints for rats all over the city,” Nader Shatara, a top Department of Public Health guy, said. “Rats are part of the fauna in the city."
The ban on some rodenticides will ensure that rats remains a part of the fauna of all of California.
The most effective rat poisons were banned because they also kill the mountain lions who eat the rats. Better to have a typhus outbreak in Los Angeles than to kill a few lions in the Santa Monica mountains.
While California is drowning in filth and disease, its Democrat elites are focused on the environment.
They caused a drought for the environment. They let fires happen for the environment. Now they’re going to cause a rat infestation and typhus epidemic for the environment. It’s the environmentalist way.
And, if you’re an environmentalist, people dying of preventable diseases is good for the environment,
California’s statewide bans include the usual effort to ban circuses, fur, sodas, makeup and bots. Locally, the San Francisco airport, which offers dedicated yoga rooms, banned bottled water. Some California cities are banning natural gas in new buildings. California’s civil war with socially conservative states, where travel by Cali government employees is banned, continues to escalate. The latest boycott strategy is to give tax breaks to movie productions that leave pro-life states for pro-abortion California.
The Share Our Values tax credit bill will offer tax credits on up to $100 million for movies and miniseries that leave a state that restricts “across to abortion”. What shared values does the state of bans have?
Killing babies is the only thing that can’t be banned in California.


Federal Judge Rules Terror Watchlist Unconstitutional

September 5, 2019 Updated: September 5, 2019

A federal judge ruled the government’s Terrorist Screening Database (TSDB), a watchlist of more than one million known or suspected terrorists that includes only about 4,600 U.S. citizens violates the constitutional rights of those included in it.
Judge Anthony J. Trenga of the U.S. District Court for the Eastern District of Virginia granted summary judgment to 23 Muslim U.S. citizens who challenged the FBI-administered watchlist with the assistance of the Council on American-Islamic Relations (CAIR), a Muslim advocacy organization with ties to Islamic terrorist groups.
The case is known as Elhady v. Kable.
The three-year-old lawsuit led government lawyers to acknowledge that upwards of 500 “law enforcement adjacent” private entities have access to the watchlist. Among those entities are university police forces, private security firms, hospitals, and railroads.
Rep. Ilhan Omar, a Minnesota Democrat who is Muslim and a frequent target of President Donald Trump’s tweets, along with 10 other House Democrats, recently wrote a letter to U.S. Secretary of State Mike Pompeo, demanding to know how information from the watchlist is shared with foreign governments.
CAIR, which has long accused the government of discriminating against Muslims, hailed the Sept. 4 ruling against the TSDB as a “complete victory.”
Judge Trenga, an Alexandria, Va.-based appointee of former President George W. Bush, wrote in his decision that “the TSDB fails to provide constitutionally sufficient procedural due process, and thereby also violates” the Administrative Procedure Act.
But Trenga did not issue any kind of injunction preventing the government from using the watchlist. After failing to state what remedy would be used to correct the situation, he asked litigants to file additional briefs with the court due in 30 days suggesting what should be done.
The plaintiffs claimed they were wrongly included in the TSBD, saying the watchlist is plagued by errors because the government is careless when adding names. The watchlist is shared with numerous governmental departments, foreign governments, and law enforcement agencies.
Gadeir Abbas, an attorney for the plaintiffs, told reporters he will ask the court to dramatically scale back how the watchlist is used.
“Innocent people should be beyond the reach of the watchlist system,” he said. “We think that’s what the Constitution requires.”
The watchlist, the judge pointed out in his ruling, is not to be confused with the No Fly List that prevents commercial air travel within or to the United States. The No Fly List contains about 81,000 names but under 1,000 are U.S. citizens, Sen. Dianne Feinstein, a California Democrat, said in June 2016. Another FBI-maintained list, the TSA Selectee List, which triggers stricter scrutiny but does not prevent air travel, has about 28,000 names in, fewer than 1,700 of which are U.S. citizens, she said.
The act of being listed in the TSDB “does not prevent [plaintiffs] from boarding flights, but that listing is disseminated to and used by federal, state, and foreign government agencies and officials to support various diplomatic and security functions and does trigger a variety of other consequences, including restrictions on an individual’s ability to travel,” Trenga wrote.
But being wrongly included in the watchlist can lead to great inconvenience and discomfort, the judge noted, explaining that some of the plaintiffs have been handcuffed at ports of entry and often put through invasive secondary inspections at airports.
“There is no evidence, or contention, that any of these plaintiffs satisfy the definition of a ‘known terrorist,” Trenga wrote. And the other reason for inclusion in the watchlist—being a “suspected terrorist”—can easily arise from misunderstandings, he wrote.
The U.S. Department of Justice did not respond to a request for comment as of press time.

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