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.

Obama_imperialpresident

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.

Daily Commentary – Wednesday, December 17, 2014 – Horrible Massacre at a Pakistan School

 
  • Death toll reaches 141, mostly children, in the aftermath of the Pakistani Taliban attack on a school run by the military

Daily Commentary – Wednesday, December 17, 2014 Play Download

Taliban Terrorists Attack School … Kill 126 People, Most Children, Take Hostages in Peshawar, Pakistan (VIDEO) (Update: 141 Dead)

 

Yup, you got terrorism is on the run President Obama …

Bahramand Khan, director of information for the regional Chief Minister’s Secretariat, said at least 126 people were killed and 122 wounded. A group of Taliban gunman attacked the school and murdered children in response to the Pakistan military launching a military offense against them. This is their justification, slaughtering children?

 At least 126 people, most of them children, were killed on Tuesday when Taliban gunmen stormed a school in the Pakistani city of Peshawar, taking hundreds of students hostage in the bloodiest insurgent attack in the country in years.

Troops surrounded the building and an operation was underway to rescue children still trapped inside, the army said.

Hours into the siege, three explosions were heard inside the military-run high school, and a Reuters journalist at the scene said he heard heavy gunfire.

Outside, as helicopters rumbled overhead, police struggled to hold back distraught parents who were trying to break past a security cordon and get into the school.

Bahramand Khan, director of information for the regional Chief Minister’s Secretariat, said at least 126 people were killed and 122 wounded.

BBC – Pakistan Taliban: Peshawar school attack leaves 135 dead.

All six attackers are said by officials to have been killed but the security forces are still checking for bombs they may have left.

Scores of survivors are being treated in hospitals as frantic parents search for news of their children.

The attack is the deadliest ever by the Taliban in Pakistan.

The BBC’s Shahzeb Jillani in Karachi says the militants appear to have been intent on killing as many students as possible – rather than taking hostages, as initially thought.

VIDEO – CNN

UPDATE I: Taliban-led attack on Pakistan school leaves 141 dead.

An assault led by the Taliban on a Pakistan military-run school Tuesday left 141 people dead, 132 of which were children, officials say, in the worst attack to hit the country in years.

The horrific attack in Peshawar, carried out by a relatively small number of militants from the Tehreek-e-Taliban group, a Pakistani militant group trying to overthrow the government, also sent dozens of wounded flooding into local hospitals as terrified parents searched for their children.

Pakistani military spokesman Asim Bajwa told a news conference Tuesday that 132 of the dead were children and another nine were staff members.

He said there were seven attackers, who all wore explosive vests.

UPDATE II: Country shuts down today to mourn deaths.

President Mamnoon Hussain and Prime Minister Mian Muhammad Nawaz Sharif and other political leaders and people from all walks of life Tuesday strongly condemned the cowardly terrorist attack on Army Public School in Peshawar in which many precious human lives were lost.

They expressed sorrow and grief over the loss of precious human lives in the attack. They also expressed deep sympathies with the bereaved families and directed the authorities concerned to provide the best medical assistance to the injured. They also reiterated that such coward attacks cannot deter the resolve and morale of Pakistani nation, adding that operation against militants would continue till the elimination of last terrorist.

The prime minister and Khyber Pakhtunkhwa chief minister announced the three-day mourning over the tragedy.The prime minister also called a meeting of all the parliamentary parties at Governor’s House today (Wednesday) at 11.00 am to discuss the situation arising out of the terrorist attack at the Army Public School and College.

Newtown, CT Victims’ Families Sue Bushmaster, Manufacturer of AR-15, Gun Used by Adam Lanza in 2012 Sandy Hook Elementary School Attack

 

The Sandy Hook Elementary School murders were unspeakable, however, this lawsuit is misguided and Unconstitutional …

The murders of 27 individuals, 20 of whom were children, at the Sandy Hook Elementary School in Newtown, Connecticut on December 14, 2012 was a crime so heinous that it was hard to fathom how anyone could be so insane and filled with hate. However, 20 year old gunman Adam Lanza committed this act of violence as he barged into a defenseless elementary school and  took part in the deadliest school shootings in U.S. history. Now the families of nine people killed in the Sandy Hook elementary school massacre are suing Bushmaster, a privately held company based in Windham, Maine that manufacture the AR-15. This was the gun that Lanza used in the mass murders.

The 40 page lawsuit, filed in Connecticut Superior Court in Bridgeport, names Bushmaster, the weapons distributor and the retailer, Riverview in East Windor, that sold the gun used in the shooting as defendants. The plaintiffs seeks unspecified monetary damages.

AR-15

The families of nine people killed in a 2012 massacre at a Newtown, Connecticut, elementary school sued the maker of the gun used in the attack on Monday, saying the weapon should not have been sold because it had no reasonable civilian purpose.

While the AR-15 assault weapon used in the attack on Sandy Hook Elementary School was legally sold in Connecticut, the lawsuit contends that the weapon should not have been available to 20-year-old gunman Adam Lanza. The AR-15 is manufactured by Bushmaster, a privately held company based in Windham, Maine.

Lanza shot dead 20 first-graders and six educators in the Dec. 14, 2012, attack, which stands as one of the deadliest school shootings in U.S. history. The massacre sparked a fresh debate on gun rights, which are protected by the Second Amendment of the U.S. Constitution.

“This is a weapon that is designed for military use, for killing as many people as efficiently as possible,” Michael Koskoff, a lawyer for the plaintiffs, said in a phone interview. “It’s negligent for any seller to sell a weapon like that to the general public.”

As tragic as the Sandy Hook Elementary school massacre was and as much we hope that the families affected by this tragedy can move forward from this devastating act of violence at the hands of Adam Lanza, I am sorry but this law suit is misguided. The gun was legally bought by Adam Lanza’s mother, who was also murdered by this sick kid. The guns were legally registered to Nancy Lanza. Adam Lanza was refused the purchase of a firearm as he did not pass back ground checks. If anyone was negligent, one might say it was the mother who shared her gun enthusiasm with her mentally deranged son and did not properly lock them away from this killer. Millions of Americans own AR-15′s and use them for person and civilian use. The notion that plaintiff attorneys say that this weapon is only for military use is incorrect. The AR-15 is not an assault weapon, however, the liberal MSM would like you to think so. What Adam Lanza did was an heinous an act possible … but suing a gun manufacturer that is protected by the Second Amendment and followed all the laws is wrong.

Sandy Hook Families File Wrongful-Death Suit Against Gun Manufacturer:

The lawsuit, hand-delivered to a Connecticut state marshal on Saturday, names as defendants Bushmaster Firearms International LLC, which is owned by Remington Outdoor Co.; Camfour, a company that distributes Bushmaster products; and Riverview Gun Sales, a East Windsor, Conn., gun shop that sold the rifle to Ms. Lanza.

It claims the gunmaker, the firearms distributor, and the store that sold firearm are liable for producing and selling a weapon unfit for civilian use, reports WSJ’s Joseph De Avila.

Remington declined to comment. Camfour and Riverview Gun Sales didn’t return requests for comment.

George Kollitides, the chief executive of Remington Outdoor, told the Washington Times in June 2013 that Mr. Lanza alone, and not the rifle, was to blame for the killings.

“It’s very easy to blame an inanimate object,” he said. “Any kind of instrument in the wrong hands can be put to evil use. This comes down to intent — criminal behavior, accountability and responsibility.”

Daily Commentary – Tuesday, December 16, 2014 – Looks Like Australian Authorities Knew How to Deal with the Lone Gunman

 
  • Islamist radical, Man Haron Monis was killed by authorities when they heard gunshots being fired. Monis and two hostages were killed by gun fire. No word yet on who’s gun killed two hostages

Daily Commentary – Tuesday, December 16, 2014 Download

SICK … NYC Protesters Chant They Want Dead Cops at Sharpton’s Protest Against Police Violence

 

YUP, MAKES ALL THE SENSE IN THE WORLD, CALLS FOR VIOLENCE AGAINST THE POLICE AT A PROTEST AGAINST POLICE VIOLENCE …

During Al Sharpton’s call for “Million Marchers,” thousands took to the streets in New York City. However, some may have lost the reason for the march, or couldn’t care at all. The so-called peaceful protests turned into the following.  On Saturday, December 13, 2014 in the Murray Hill neighborhood of NYC, protesters chanted: “What do we want? Dead cops! When do we want it? NOW!!!

This is going to help the situation how?

Daily Commentary – Monday, December 15, 2014 – Whether You Believe it Was Torture or Not

 
  • The recently released Senate report on CIA Torture is a matter of timing

Daily Commentary – Monday, December 15, 2014 Download

Sydney Siege in Sydney, Australia: Hostages Held in Lindt Cafe (LIVE VIDEO) (Update: Seige Over, Two people Dead Along with an Islamist Gunman)

 

Multiple hostages have been held in a Sydney, Australia cafe by a gunman in what appears to be an Islamist-linked attack.

VIDEO – CNN: Hostage situation inside a Sydney cafe

Australian police locked down the center of the country’s biggest city on Monday after an armed man walked into a busy downtown Sydney cafe, took hostages and forced them to display an Islamic flag, igniting fears of a jihadist attack.

Police said they knew of one armed assailant involved in the incident at the Lindt chocolate cafe in the heart of Sydney’s financial district, but there could be more.

Australia_hostage

Click HERE for VIDEO

BBC:

A gunman is holding staff and customers hostage at a cafe in Sydney, Australia.

The Lindt cafe in the city centre is surrounded by armed police. Officers have made contact with the gunman.

Five people have been seen running from the building. It is not clear how many remain inside. A black Islamic flag has been displayed at the window.

Prime Minister Tony Abbott said it was “profoundly shocking” that people were being “held hostage by an armed person claiming political motivation”.

He was speaking after chairing a meeting of the national security committee in Canberra.

Earlier Mr Abbott said: “Australia is a peaceful, open and generous society – nothing should ever change that and that’s why I would urge all Australians today to go about their business as usual.”

Senior police officers say they are on a footing “consistent with a terrorist event”.

UPDATE I: ABC – Australia.

Key Points:

  • An armed offender is holding an “undisclosed number” of hostages inside the Lindt cafe in central Sydney, police say
  • Almost seven hours into the siege, three people were seen running out of the cafe. An hour later another two emerged
  • New South Wales Deputy Commissioner Catherine Burn could not confirm how many people were being held hostage, but police believed it was fewer than 30
  • Police are working to determine the motivation of the offender and have moved to a footing consistent with a terrorism event
  • A black flag with white Arabic writing reading “There is no God but Allah” and “Mohammed is the messenger of God” was waved behind the hostages

UPDATE II: Five people flee from Sydney cafe amid hostage drama.

VIDEO – Watch ABC News 24 Live

UPDATE III: Australia’s Prime Minister Tony Abbott said the gunman was “claiming political motivation.”

Australia’s Prime Minister Tony Abbott said the gunman was “claiming political motivation” but after more than 15 hours had yet to declare the siege a terrorist event. However, police said they were “operating according to our counter-terrorism protocols” and NBC News analyst, ex-FBI-agent Don Borelli, told TODAY that the suspect appeared to be inspired by ISIS.

Chris Reason, a journalist with NBC News’ Australian partner Channel 7, said the hostage-taker was “forcing them to stand against windows, sometimes two hours at a time.” He added that the suspect seemed to be “getting extremely agitated” after the five hostages left.

Police would not confirm how many were still being held inside the Lindt cafe — where a black flag used by Islamist groups in the Middle East has been shown in the window.

UPDATE IV: Sydney siege: Gunman issued demands, threats.

UPDATE V: Sydney siege: Three dead after commandos storm cafe.

Two people died, along with an Islamist gunman, after commandos stormed a cafe in Sydney, Australia, to bring to an end a 16-hour siege.

Local media have named those who died as Lindt cafe manager Tori Johnson, 34 and lawyer Katrina Dawson, 38.

Four people were injured, including a policeman hit by shotgun pellets.

Central Sydney was put in lockdown as the gunman, identified as an Iranian refugee, seized dozens of hostages early on Monday.

The Lindt Chocolat Cafe is located in Martin Place, a busy shopping area in Sydney’s financial district.

The gunman, named as Man Haron Monis, forced some of the hostages to hold up a black Islamic banner at the window of the cafe.

Amber Alert Issued 12/13/14 for Missing 4 Year Old Ricardo Alekzander Lara after Mother Found Dead at a Denton, TX Business … POI, 23 Year Old Ricardo Lara Martinez

 

An AMBER ALERT was issued Saturday night, December 13, 2014 for missing 4 year old  Ricardo Alekzander Lara after his mother, Maria Isabel Romero Medina, was found murdered at a Denton, Texas business. The 4 year old boy has not been seen since 12/12/14.  Police are looking for the boy’s biological father, 23 year old Ricardo Lara Martinez, in connection with his disappearance and Martinez is also a “person of interest” in the death of 27 year old Maria Isabel Romero Medina.  She was killed inside her workplace Saturday night at Sanchez Tax and Insurance at 1111 East McKinney Street shortly before 5 p.m. Saturday after a customer found the door locked. The Amber Alert was issued due to fears that the child could be in “grave danger.”

Police believe that the two may be on foot and still in the Denton area. However, no details were provided on where or when he was last seen in Denton.

Ricardo Lara Martinez

 Ricardo Lara Martinez Description:

  • 23 year old Hispanic male
  • brown hair and brown eyes
  • 5′-5″ tall and weighs 150 lbs. Police did not say what he was wearing, and no vehicle information was available.

Ricardo Alekzander Lara Description:

  • three feet tall, weighs 55 lbs.
  • brown hair and brown eyes.
  • He may have been wearing a blue shirt and shorts.

Ricardo Alekzander Lara_Ricardo Lara Martinez

Left, Ricardo Lara Martinez – right, Ricardo Alekzander Lara

Police were seeking the boy’s biological father, 23-year-old Ricardo Lara Martinez, in connection with his disappearance. Martinez was said to be a “person of interest” in the death of 27-year-old Maria Isabel Romero Medina.

She was killed inside her workplace Saturday night, Sanchez Tax and Insurance. Police won’t say how she was killed, but did say that Medina and Martinez were in a custody battle.

Denton police said Sunday that someone reported seeing the child and his father at a Houston convenience store. Martinez is also said to have ties to Chicago, Springfield, Missouri and Mexico City.

If you have information on the child or suspect’s whereabouts, contact the Denton County Sheriff’s Office  at (940) 349-8181 or 911.

NYC Police to Mayor de Blasio: Stay Away From Poilice Funerals Who Are Killed in the Line of Duty …. “DON’T LET THEM INSULT YOUR SACRIFICE!”

 

NYC PBA wants Mayor de Blasio and Council Speaker Melissa ?Mark-?Viverito no where near police funerals …

The NYC police officers union says that Mayor de Blasio is persona non grata from attending police funerals of those of NYC’s finest killed in the line of duty. This after New York City Mayor Bill de Blasio throwing the police under the bus with his comments he made to his son regarding the police, “Look, if a police officer stops you, do everything he tells you to do. Don’t move suddenly. Don’t reach for your cellphone. Because we knew, sadly, there’s a greater chance it might be misinterpreted if it was a young man of color.”

Cops are warning Mayor de Blasio and Council Speaker Melissa ?Mark-?Viverito to stay away from their funerals should they be ?killed in the line of duty.

The Patrolmen’s Benevolent Association distributed a flier to members, blaring: “DON’T LET THEM INSULT YOUR SACRIFICE!” Cops were encouraged to sign and submit the “Don’t Insult My Sacrifice” waiver to ban the cop-bashing pols from their funerals.

“I, as a New York City police officer, request that Mayor Bill de Blasio and City Council Speaker Melissa Mark-Viverito refrain from attending my funeral services in the event that I am killed in the line of duty,” the waiver states.

“Due to Mayor de Blasio and Speaker Mark-Viverito’s consistent refusal to show police officers the support and respect they deserve, I believe that their attendance at the funeral of a fallen New York City police officer is an insult to that officer’s memory and sacrifice.”

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