Vanderbilt University Rape Case: Cory Batey & Brandon Vandenburg Found Guilty of 16 Felonies, Including Aggravated Rape
TWO DOWN, TWO TO GO …
Former Vanderbilt University football players, 21 year old Brandon Vandenburg and 20 year old Cory Batey have been found guilty of 16 felonies, including several for aggravated rape in the sexual assault of a female student in a Vanderbilt dorm in June 2013. It took the jury just three hours to return guilty on all charges for both Batey and Vandenburg. Both individuals were convicted of four counts of aggravated rape, one count of attempted aggravated rape and two counts of aggravated sexual battery. The trial took 12 days, but the jury deliberations took just a little more than 3 hours. The jury had their minds made up when lawyers were giving closing arguments. Their sentencing is scheduled for March 6, 2015.
These two idiots have ruined their lives with their poor and deviant decisions. They had the opportunity to attend Vanderbilt University, one of the best colleges in America and pissed it all away. Actions have consequences.
Look how the two convicted rapists have been polished up by their attorneys for court
Two former Vanderbilt football players were convicted on Tuesday of raping a fellow student in 2013 after a jury rejected claims that they were too drunk to know what they were doing and that a college culture of binge drinking and promiscuous sex should be blamed for the attack.
The jury deliberated for three hours before announcing its verdict against the two former players, Brandon Vandenburg and Cory Batey. Mr. Batey was stoic, staring ahead, and Mr. Vandenburg shook his head no, appearing stunned as the verdict was read. His father had an outburst and abruptly left the courtroom.
The victim, who was a 21-year-old neuroscience and economics major at the time of the attack, cried as each guilty verdict was announced.
Both men were convicted of four counts of aggravated rape, one count of attempted aggravated rape and two counts of aggravated sexual battery. They face decades in prison at their sentencing, scheduled for March 6.
“Thank you to everyone who has supported me throughout this difficult process. I’m thankful that the criminal justice system will hold the defendants responsible for their violent crimes. The hard work of the law enforcement officers, prosecutors and victims’ advocates who dedicated so many months of their lives to this case has made justice possible.
I want to especially thank detective Jason Mayo, Sgt. Mike Shreeve, Detective Chad Gish, Deputy District Attorney Tom Thurman, Assistant District Attorneys Jan Norman and Roger Moore and victims’ advocates Wanda Swan, Lt. Rochelle Barrios and Teresa Shearon. You are my heroes and I am so proud of and grateful for each of you.
“I am also hopeful that the publicity this case has received will lead to a discussion of how we can end sexual violence on college campuses. Finally, I want to remind other victims of sexual violence: You are not alone. You are not to blame.”
Two other players, Jaborian McKenzie and Brandon Banks, were also accused in the rape. Both have pleaded not guilty and are awaiting trial.
19 Year Old Shannon Maureen Conley Sentenced to 4 Years in Prison Admitting to Trying to Join ISIS, Become a Bride and Participate in Terrorist Jihad in the Mideast
19 year old Shannon Maureen Conley was sentenced to four years in prison for her efforts in joining ISIS and intent on participating in jihad in the Middle East. Conley pleaded guilty to one count of conspiracy to provide material support to a foreign terrorist organization in September. Under the plea deal, Conley agreed to divulge information that she may know about other Americans with similar intentions. Conley spoke at her sentencing in court on Friday and said, “Even though I supported a jihad, it was never to hurt anyone. It was always in the defense of Muslims.” She apologized to the judge, saying she was embarrassed by her arrogance, “I do not believe I am a threat to society and would appreciate an opportunity to prove it.” Thankfully the court did not agree, sentencing her to 4 years as U.S. District Judge Raymond Moore said before sentencing Conley, called her “a bit of a mess. and “to me, it doesn’t seem like she gets it.”
Conley pleaded guilty to one count of conspiracy to provide material support to a foreign terrorist organization in September under a deal that requires her to divulge information she may have about other Americans with similar intentions.
FBI agents say Conley wanted to marry a suitor she met online who told her he was fighting with the extremists. She repeatedly told them she wanted to fight alongside him or use her skills as a nurse’s aide to help.
A federal judge gave a four-year prison sentence Friday to a 19-year-old Colorado woman who admitted guilt in wanting to become an ISIS bride and participate in its jihad in the Mideast.
Shannon Maureen Conley is one of the first Americans to be sentenced for conspiracy to support ISIS and received a sentence that was also recommended by prosecutors seeking to send a message of deterrence.
Though the judge initially cited how Conley needs psychiatric care, he sided with prosecutors in the end.
“What is it that will cause others to stop” in the future, Judge Raymond P. Moore said during sentencing.
Before sentencing, Conley wept as she read a statement saying, “It was after arrest that I learned the truth about the ISIS that I was taught to respect.”
UPDATE I: Statement from the Conoly family:
An Open Letter to the President and the American People
Over the last several months my wife and I have received numerous requests for a statement about our daughter Shannon’s situation. Now that she has been sentenced we would offer these thoughts.
We were told at the time of the investigation the Department of Justice (FBI and Federal Prosecutor’s Office) was trying to formulate a better response to young people being radicalized by ISIS and other groups. In doing so the local personnel went to extraordinary lengths to navigate the turbulent waters caused by these events. In our dealings with them we have been treated with respect and compassion throughout this affair. It’s unfortunate the local efforts apparently weren’t viewed as more worthwhile by their superiors.
The strategy of the terrorist is to make the enemy change behavior through the use of fear and to subjugate the enemy by making them live in fear. A tactic of asymmetric warfare is to cause the enemy to expend large amounts of resources dealing with a situation that costs little to create.
We’re told the average ISIS soldier makes roughly $150 per month. The ISIS soldier Shannon had contact with was called Yousr. His actual time on the internet with Shannon was certainly less than one month’s work. The government has now spent tens of thousands of dollars putting Shannon in prison and intends to spend hundreds of thousands of dollars more keeping her there.
We’re told the government is afraid that, even if Shannon is not a threat to the public, others may make similar choices. Those people need to be sent a message that if they do they should fear capture and prosecution. Shannon’s continued punishment is to ensure that message is understood by the American people. Additionally the, perhaps unintended, message is the government is willing to sacrifice the future of a 19 year old American citizen to drive the point home.
If these things are true then we feel the terrorists have won this particular battle in the war on terrorism. Fear has increased, behavior changed and resources expended. We also feel this disproportional governmental response simply aids the terrorist in winning his war by doing for him what he can’t do for himself: terrify the American people. (more here)
Eric Holder’s DOJ to Drop Civil Rights Charges Brought Against Officer Darren Wilson in Shooting Death of Michael Brown in Ferguson, MO
Imagine this, FBI investigation finds no evidence to support the trumped up, political, race baiting charges against police officer Darren Wilson.
The New York Times is reporting that the Eric Holder Department of Justice will drop the civil rights charges against Ferguson police officer Darren Wilson. DOJ lawyers will recommend that no civil rights charges be brought against officer Wilson in the shooting death of black teenager Michael Brown. The FBI investigation has concluded what all normal thinking, non-race baiting individuals knew from the outset of this story, there was no evidence to support the trumped up charges. Remember when the DOJ told Ferguson police officers they could not wear bracelets in support of officer Wilson? Support for an officer that was guilty of nothing.
Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday.
Attorney General Eric H. Holder Jr. and his civil rights chief, Vanita Gupta, will have the final say on whether the Justice Department will close the case against the officer, Darren Wilson. But it would be unusual for them to overrule the prosecutors on the case, who are still working on a legal memo explaining their recommendation.
A decision by the Justice Department would bring an end to the politically charged investigation of Mr. Wilson in the death of 18-year-old Michael Brown. The Missouri authorities concluded their investigation into Mr. Brown’s death in November and also recommended against charges.
After the Ferguson grand jury decided not to bring criminal charges against officer Wilson, Eric Holder went to Ferguson, Mo to fan the flames of racism and racial divide. Holder announced that his DOJ would investigate Wilson on civil rights charges, because the vigilante, race-baiting crowd wanted their scalp. Holder said that the Justice Department’s investigation into Mr. Brown’s death would be independent from the one conducted by the local authorities. The race-baiter in Chief, Barack Obama said after St. Louis County prosecutor Bob McCulloch announced the grand jury’s decision, “I have done what the Missouri judicial system and even my own Justice Department failed to do in order to right this wrong.”
What will the reaction be from Al Sharpton, Jesse Jackson, the NAACP, NBPP and Barack Obama? Will Eric Holder make a public statement and apologize for destroying the reputation of a fine police officer just because of his color?
35 Year Old Wendy Holland Sentenced to 219 Years in Prison for Sodomy, Sexual Abuse & Incestuous Sex Ring in Molesting Children (VIDEO)
Wendy Holland sentenced to 219 years in prison and it probably wasn’t even enough for her heinous crimes …
On Thursday, 35 year old Wendy Holland was sentenced to 219 years for her role in an incestuous sex ring accused of molesting children for years. Holland was previously convicted of incest, sodomy, sexual abuse, sexual torture, child endangerment and molestation. Prior to sentencing Judge Jody Bishop stated in the ”Fourteen years I’ve been on the bench, I have never seen a case come as close as bad as this one has been in terms of acts of sexual abuse.” Wendy Holland is the aunt of Brittany Wood who went missing at age 19 in May of 2012 and is now presumed dead. Defendant, William Brownlee, 50, received the maximum sentence of 20 year s for his crimes. This POS was convicted of sodomy and sexual abuse in October 2014. Judge Bishop stated the maximum sentence was not long enough. Agreed!
Holland, one of the leaders of an incestuous sex ring, was sentenced Thursday by a Baldwin County judge to 219 years in prison.
Holland, 35, stood expressionless as Judge Jody Bishop sentenced Holland for sex crimes she committed to children. She was convicted by a jury on charges of sodomy, sexual torture, and sex abuse to a child under age 12.
“Fourteen years I’ve been on the bench, I have never seen a case come as close as bad as this one has been in terms of acts of sexual abuse,” Bishop said before sentencing. “The court can’t … understand why you did all of this action.”
Also sentenced Thursday was family friend, William “Billy” Brownlee, 50, to 20 years in prison. He also participated in deviant sexual acts to children inside the Wood homes in Stockton and Fairhope.
Brownlee and Holland also face pending charges in Mobile County.
Holland and Brownlee were among 11 people charged with sex crimes following the disappearance in 2012 of a suspected victim of the ring, 19-year-old Brittney Wood.
In a letter read in court, the underage female victim in both cases said years of abuse left her traumatized. She has a hard time trusting anyone, gets angry easily and rarely feels safe.
“I was a little girl being held down and raped,” wrote the victim, who was in court.
Authorities said the two were part of a group of relatives and friends who sexually abused children and swapped their own kids for sex for years.
Holland is the widow of the alleged leader of the group, Donnie Holland, who was Brittney Wood’s uncle. The teen went missing around the time Holland was found with a gunshot to the head; his death was later ruled a suicide.
Even without Brittney Wood to testify, two of her uncles and an older brother already pleaded guilty to sex charges before juries convicted Wendy Holland and Brownlee.
Posted January 15, 2015 by Scared Monkeys
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13 Year Old Cheyenne Phillips Missing Since 1/3/15 in Grayson County, KY … Believed to be with 18 Year Old Dalton Hayes (Update: “Bonnie & Clyde” Wanted for Felony Auto Theft)
13 year old Cheyenne Phillips has been missing since January 3, 2015 in Grayson, Kentucky. The Grayson County Sheriff’s Office says that Cheyenne Phillips is believed to be with 18 year old Dalton Hayes. Phillips is registered as a missing juvenile and Hayes is wanted for custodial interference and other charges. Both are suspects in two felony auto thefts. It looks like we have a modern day teenage Bonnie and Clyde on our hands.
- Cheyenne Phillips is a white female, approximately 5-foot-1-inches tall, weighs approximately 100-pounds with blonde hair and hazel eyes. Hayes is described a
- Dalton Hayes is a white male, 5-foot-10-inches tall, approximately 175 to 180 pounds with a blond burr haircut and hazel eyes.
Cheyenne Phillips, 13, was reported missing on Jan. 3. Officials say they think she might be with Dalton Hayes, 18. Deputies say he is wanted for custodial interference and other charges.
Deputies say the behavior of the teens continues to become increasingly “brazen and dangerous.” They have both fled police on two occasions. They are possibly in a red 2006 Toyota Tacoma extended cab 4WD, but may have ditched it and stolen another vehicle.
Sheriff Norman Chaffins said the two have been evading deputies and they’re now accused of stealing two cars. He said the couple stole one car, crashed it, ran from authorities, then stole another car.
They may still be in a red 2006 Toyota Tacoma. Authorities say a gun was inside the stolen car, without ammunition.
“The situation has become increasingly dangerous, not just for those two, but for citizens and for law enforcement,” Chaffins said.
Deputies said the two likely have no money and the sheriff is worried what they’ll do to get some cash.
The Grayson County Sheriff’s Office confirmed that a missing 13-year-old and her 18-year-old boyfriend were in South Carolina this week.
Cheyenne Phillips and Dalton Hayes were spotted Monday at a Walmart in the town of Manning.
Hmm, looks like Scared Monkeys had the WAPO beat by numerous days in calling the missing, car robbing Kentucky teens, Bonnie & Clyde.
Cheyenne Phillips, 13, and her 18-year old boyfriend Dalton Hayes went missing two weeks ago. No one knows exactly where they are now, but police — guided by a trail of criminal activity and surveillance video that stretches through at least three states – know exactly where they’ve been.
“It is imperative that these two be located and apprehended as their behavior is becoming increasingly brazen and dangerous,” the Grayson County Sheriff’s Office in Kentucky said in a statement according to NBC News.
Two missing Kentucky teenagers suspected of a crime spree across the South have been spotted in Florida, where they were seen panhandling, police told NBC News on Friday.
Grayson County, Georgia, Sheriff Norman Chaffins said 18-year-old Dalton Hayes and his 13-year-old girlfriend Cheyenne Phillips, may be staying in camps or homeless shelters and could have the weapons that were in one of the vehicles they allegedly stole.
The Kentucky man who, with his underage lover drew comparisons to Bonnie and Clyde before their multi-state crime spree ended in their arrest early Sunday, will “face the consequences” in a Florida courtroom this morning.
Tammy Martin, the mother of 18-year-old Dalton Hayes, who took off from his Kentucky home with a 13-year-old girl earlier this month, said she had urged the pair to surrender and “face the consequences.” They were arrested without incident as they slept in a stolen pickup truck in Panama City, Fla. Hayes was scheduled to make an 8:30 a.m. court appearance via video hookup, according to the Bay County jail records in the Panama City area.
Attorney General Eric Holder Cannot Simply Say “YES” When Asked Asked by Todd & Stephanopoulos Whether the US is at War with Radical Islam
AND YOU WONDER WHY BARACK OBAMA AND JOE WERE NOT PRESENT, AND HOLDER DIDN’T MARCH IN UNISON WITH THE OTHER WORLD LEADERS IN PARIS, THEY DON’T BELIEVE THERE IS A WAR ON RADICAL ISLAM.
America, i hope you are proud of yourselves, this is the administration you not only elected once, but you did so again for a second time. This Sunday morning on NBC’s ‘Meet the Press’ and ABC’s ‘This Week,’ Attorney General Eric Holder was asked by both Chuck Todd and George Stephanopoulos whether the United States was at war with radical Islam. Holder could not find it in himself to simply say, yes we are. UNREAL. These people will be the death of us all. HOW ON EARTH CAN YOU DEFEAT THE ENEMY, IF YOU CANNOT DEFINE THE ENEMY!
Even France’s Prime Minister Manuel Valls said that France was at war with radical Islam. However, this sorry bunch of SOB’s in the Obama administrations cannot bring themselves to say it … RADICAL ISLAM.
From NBC’s ‘Meet the Press,’ Eric Holder cannot say that the United States is at war with radical Islam.
Chuck Todd: the French Prime Minister today declared the France is at war with radical Islam. Would you say the United States is at war with radical Islam?
Eric Holder: Well, I would say we are at war with terrorists who commit these heinous acts. Who use Islam. Who use a corrupted version of Islam to justify their actions. We are bound and determined to hold them accountable. To find which ways we prevent young people who become attracted to this radical ideology, becoming members of these groups and perpetrating these heinous acts.
Eric Holder also made similar comments when asked by ABC’s George Stephanopoulos the same question. (Transcript)
STEPHANOPOULOS: The French prime minister said yesterday that France is at war with radical Islam. Is the U.S. At war with radical Islam?
HOLDER: Well, I certainly think that we are at war with those who would commit terrorist attacks and who would corrupt the Islamic faith in the way that they do, to try to justify their terrorist actions.
So that’s who we are at — at war with. And we are determined to take the fight to them to prevent them from engaging in these kinds of activities.
Our president has indicated that we will be calling, on February the 18th, a summit, so that we deal with better ways in which we can counter violent extremism and really get at the core, come up with ways in which we prevent people from adhering to, being attracted to this terrorist ideology.
Today, the trial begins for Dzhokhar Tsarnaev in the case of the Boston Marathon bombing . Jury selection begins as 3000 people have been put on notice as to potential jurors to make up 12 jurors and 6 alternates.
The man charged with the terror attack near the finish line of the 2013 Boston Marathon goes on trial Monday in a federal courthouse less than two miles from where two bombs, concealed in backpacks, exploded with devastating force.
Despite repeated requests from defense lawyers for a delay or a change of venue away from Boston, a federal appeals court Saturday cleared the way for jury selection to begin.
Dzhokhar Tsarnaev, 21, is charged with 30 criminal counts in the April 2013 bombings, which killed three people and injured 260 others, and for in the murder of an MIT campus police officer, Sean Collier, a few days after the bomb attack.
Tsarnaev has pleaded not guilty. His older brother, Tamerlan, also accused in the crimes, died in a shootout with police.
As accused Boston Marathon bomber Dzhokhar Tsarnaev goes on trial Monday few doubt the outcome of the first phase of the two-phase trial. It’s the second, the sentencing phase, including a possible death sentence, that has been the subject of behind the scenes discussions.
Federal prosecutors and defense attorneys for Tsarnaev have held talks on a possible plea agreement but failed to reach one, U.S. officials familiar with the talks say.
The discussions in recent months have centered on the possibility of Tsarnaev pleading guilty and receiving a life sentence without parole, according to the officials.
Criminal Court Judge Laura Johnson Lets 18 Year Old Devon Coley Out of Jail without Bail After Posting Online Threats to Shoot Cops (Update: Judge Releases Travis Maye Without Bail After Punching Cop)
So this is the New York City’s judicial response following two police officers being killed and the endless death threats, cowardice appeasement?
Brooklyn Criminal Court Judge Laura Johnson let 18 year old Devon Coley waltz free without a care in the world after he was arrested for making terrorist threats. The judge ignored prosecutors requests to keep Coley behind bars as she let the thug go free without bail. UNBELIEVABLE. Devon Coley posted online threats to gun down cops just hours after the shooting deaths of NYPD officers Rafael Ramos and Wenjian Liu. Coley is believed to be a member of the of the ATC/180HII Crew gang and is awaiting trial in two unrelated cases involving assault and gun possession.
The judge conceded that the posts were “stupid” and an “incredible inflammatory thing to do right now,” but added, “I think that for me to set bail because of the current climate — it would be a misuse of bail.”
WHAT!!! I GUESS THIS IS WHAT JUSTICE IS SUPPOSED TO LIKE LIKE IN THE BLACK COMMUNITY WHEN A THUG COMMITS A CRIME AGAINST THE POLICE?
Coley posted on Facebook a disturbing image of a gunman blasting away at a patrol car,
with the phrase “73Nextt” — a reference to the 73rd Precinct, which covers his Brownsville neighborhood.
A Brooklyn judge cut loose a gang member who had posted online threats to gun down cops in the hours after two NYPD officers were executed in their patrol car — ignoring prosecutors’ pleas to keep him behind bars, The Post has learned.
Criminal Court Judge Laura Johnson let Devon Coley, 18, waltz free without bail despite the fact that he faces seven years behind bars on charges he made a terroristic threat — complete with an image of a killer shooting cops in their car — and is awaiting trial in two unrelated cases involving assault and gun possession.
Johnson’s stunning no-bail decision came just two days after Saturday’s broad-daylight slayings of Officers Rafael Ramos and Wenjian Liu by a gunman bent on avenging the deaths of Eric Garner and Michael Brown at the hands of police.
At the punks arraignment Monday night, Coley’s court-appointed lawyer painted him as a mere “knucklehead” who didn’t intend to make good on his threat. Forget the fact that the thug is a gang member and waiting trial in two unrelated cases involving assault and gun possession. Yeah right, he is just misunderstood. What the hell has infested the power structure in NYC? Between the Mayor and the judiciary, insane liberal logic appears to appease criminals and attach police authority. Dennis Quirk, head of the state court officers union, said that “She should resign from the bench,” and she is “not fit to be a judge.” Ya think?
Since when did NYC become a catch and release stream for criminal thugs? The same judge has now released another thug without bail after he had been arrested for punching a police officer. Maybe she would like to go for the hat trick after one of these punks kills another police officer.
She keeps turning ’em loose.
A day after freeing a gang member who posted an anti-cop death threat online, a Brooklyn judge ignored the admonishment of a court boss — and sprung a man who allegedly punched a police officer and threatened to kill his colleagues, The Post has learned.
Criminal Court Judge Laura Johnson blatantly disregarded an Office of Court Administration boss who said she “should be setting an example to the public that threatening or assaulting police officers isn’t an acceptable thing,” a courthouse source said.
The admonishment came in the wake of Saturday’s execution-style slayings of two NYPD cops as they sat in a patrol car in Brooklyn.
On Tuesday night, Johnson released Travis Maye, 26, without bail following his arrest in a violent melee with cops earlier that day.
According to court records, Maye took swings at cops at Flatbush Avenue and Prospect Place at around 1:35 a.m., socking one officer in the eye and sending him to the hospital.
Anissa Weier and Morgan Geyser, Wisconsin Girls Ruled Competent to Stand Trial in Slenderman Stabbing Case
SLENDERMAN STABBING CASE … DON’T DO THE CRIME, IF YOU CAN’T DO THE TIME.
Waukesha County Circuit Court Judge Michael Bohren has ruled that two Wisconsin girls, Anissa Weier and Morgan Geyser, are competent to stand trial in the “Slenderman” stabbing case. The two girls, who were 12 years old at the time of the crime, were charged as adults with first-degree attempted homicide in the attack on their classmate the morning after a sleepover in May in Waukesha, WI. They stabbed their victim 19 times in an attempt to impress Slenderman, a tall, online bogeyman that they insisted was real. The victim survived the attack.
Two Wisconsin girls accused of luring a classmate into the woods and repeatedly stabbing her to please a fictional Internet character named Slenderman are competent to stand trial, a judge ruled on Thursday.
Anissa Weier and Morgan Geyser, both 12 at the time, were charged as adults with first-degree attempted homicide in the attack on their classmate the morning after a sleepover in May in Waukesha, a suburb west of Milwaukee.
The girls told investigators they attacked their classmate to impress Slenderman, a tall, online bogeyman that they insisted was real, according to a criminal complaint.
Waukesha County Circuit Court Judge Michael Bohren ruled Weier competent to stand trial after hearing testimony from a psychiatrist called by the state.
Prosecutors have charged both girls with attempted first-degree intentional homicide in the attack in May in Waukesha, Wisconsen. They say the girls plotted for months to kill classmate Payton Leutner, luring her to a wooded park after a sleepover and stabbing her 19 times. After her attackers left, Leutner crawled through the woods to a sidewalk where a bicyclist found her and called 911. The girls could be sentenced to up to 60 years in prison if convicted of attempted homicide as adults. However, they could be held until age 25 if convicted as juveniles.
Federal Court in Pennsylvania Declared President Obama’s Executive Actions on Immigration Policy Unconstitutional
IMAGINE THAT, A FEDERAL COURT RULES THAT IT IS UNCONSTITUTIONAL FOR OBAMA TO BE AN EMPEROR …
U.S. District Court Judge Arthur Schwab has ruled that parts of Barack Obama’s executive actions on immigration policy unconstitutional. It’s a start, even though any one with any common sense or grasp of the Constitution knows Obama’s executive order was Unconstitutional. Although this decision was part of a criminal case, look for this case to make it’s way through the federal court system and ultimately to the Supreme Court.
Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.
According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.
The full opinion can be read HERE.
Judge Arthur Schwab stated that Obama’s executive order violated separation of powers.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional,” Schwab wrote in his 38-page opinion (posted here). “President Obama’s November 20, 2014 Executive Action goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights.”
The Pittsburgh-based judge rejected a Justice Department legal opinion arguing that Obama’s actions fall within the traditional realm of the executive’s discretion about which cases to pursue and which to overlook. Schwab, a George W. Bush appointee, also quoted in detail from a series of public statements Obama made in recent years about the limits on his executive authority to make sweeping changes in immigration enforcement.
As Q and A opines, if this case goes to the SCOTUS, will the “ObamaCare is a tax” court manage to actually rule as this judge has, that the executive has unconstitutionally exceeded his power? Who knows anymore at this point. After Justice Roberts bent over backwards for Obamacare, one can only wonder whether the SCOTUS will get this one right.