18.06.20 20:20 ET
As the owner of this website and to be completely honest with my readers, in the old incarnation of this blog, I expressed grave doubts and concerns about President Donald J. Trump based mainly on his past performances and issues regarding his business practices.
Fast forward to the ruling today from the United States Supreme Court, an epic and truly unconstitutional act which will define the history (or end of our history) of the United States.
The question becomes simple and sad, I am afraid to say:
Will President Trump lead or do what he has in the past by cutting and running away from the problem?
First and foremost, let us review the original Executive Order which was allegedly designed to rescind President Obama’s DACA creation:
That is correct, there is not one. Of course today, the over-reactionary non-factual “conservative” media and supposedly well informed talk show hosts all said that the Supreme Court over turned an Executive Order. That is patently false.
In June 2017, following a change in Presidential administrations, DHS rescinded the DAPA Memorandum, citing, among other reasons, the ongoing suit by Texas and new policy priorities. That September, the Attorney General advised Acting Secretary of Homeland Security Elaine C. Duke that DACA shared DAPA’s legal flaws and should also be rescinded. The next day, Duke acted on that advice. Taking into consideration the Fifth Circuit and Supreme Court rulings and the Attorney General’s letter, Duke decided to terminate the program. She explained that DHS would no longer accept new applications, but that existing DACA recipients whose benefits were set to expire within six months could apply for a two-year renewal. For all other DACA recipients, previously issued grants of relief would expire on their own terms, with no prospect for renewal.
In other words, no Executive Order, and here is the link to verify my statement.
In fact, it gets worse. There is no Presidential Memorandum to cancel President Obama’s original order either. The link to validate this statement is located here, and will once again, verify my statement.
Thus far the faux outrage on Faux News, excuse me, Fox News, and other “conservative” outlets appears to be directed towards the leftist Justice John Roberts when in fact it should be directed towards President Trump and his inept Democrat son-in-law, Jared Kushner.
Words matter folks, and the fact that every conservative talk show host from Rush Limbaugh to Mark Levin incorrectly used the term “Executive Order” intimates that President Trump issued a directive with the force of law.
No, this was a Wilsonian administrative action.
Probably inspired by former White House Chief of Staff John Kelly and weasel in hiding Jared Kushner.
But why would such an action occur in such a manner?
Let us review the original “Executive Order” which was actually an administrative memorandum from June 15, 2012 issued by Janet Napolitano, Secretary of the Department of Homeland Security:
Please note the format used for this memorandum, thus providing President Obama with plausible deniability as this being an “Executive Order” or “Presidential Memorandum” yet still enacting a political policy change which allowed the “DACA” individuals the rights granted outside of the Executive Branch’s constitutional authority. This was a classical Woodrow Wilson type of “rulebook” manipulative move which triggered the typical Washingtonian response of “harumphs” from the GOP and praise from the extreme left.
The ruling, linked above, highlighted the fact that by using Administrative State to enact this policy, then subjected said change by the Trump administration to the rules and regulations of the same Administrative State and the invocation on a technicality using the APA was what did Trump’s DACA action in:
Five years later, the Attorney General advised DHS to rescind DACA, based on his conclusion that it was unlawful. The Department’s Acting Secretary issued a memorandum terminating the program on that basis. The termination was challenged by affected individuals and third parties who alleged, among other things, that the Acting Secretary had violated the Administrative Procedure Act (APA) by failing to adequately address important factors bearing on her decision. For the reasons that follow, we conclude that the Acting Secretary did violate the APA, and that the rescission must be vacated.
In other words, the decision to allow others to handle this policy initiative was designed to fail from the beginning, and the Obama administration knew that his embeds within the bureaucracy would provide the disingenuous advice which would lead to a Supreme Court rebuke.
Instead of engaging this issue head on, President Trump elected to listen to his swamp rat advisors, most likely the remnants of Obama’s DHS legal team and those within the White House, namely Chief of Staff Kelly and his son-in-law, Jared Kushner. Attorney General Jeff Sessions was already a paralyzed mess of nothingness, unwilling to risk ‘his’ political capital for the new President and others viewed President Trump as a buffoon who could be manipulated into a trap which prevents his policies from being executed.
The latter group apparently was correct.
If President Trump had listened to a competent adviser who he did not hire, like Rudy Giuliani perhaps, then this may not have happened. Instead, he attempted to use his “administrative” order to manipulate the political atmosphere to try to force not just the pathetic Paul Ryan led House of Representatives, but later on the Pelosi House into a “negotiated” settlement where Kushner would get his H1B deal plus amnesty in some form, and Trump looks like a liberator to the oppressed while Pelosi or Ryan got credit for their “cooperation.”
The reality is that he was duped. By his family, by his alleged allies, and worse, by the very Establishment Republican Party which is stabbing him in the back at every turn as they see weakness to exploit on a daily basis.
If President Trump was serious and not lying about his desire to change or overturn Obama’s DACA actions, a real Executive Order would have been issued stating something akin to the following:
“Effective today, all actions ordered by the Obama Administration regarding the administrative memorandum from Department of Homeland Security Secretary Janet Napolitano on June 15, 2012 titled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” are hereby nullified. All enforcement actions regarding aliens covered under said memorandum are now subject to the legal practices and Immigration Act(s) in force of law as of December 31, 2008.”
It really was that simple. Instead, President Trump took the easy way out to politic and act like he really did something. Instead, he laid a trap for his administration which Obama set and he walked into right before the 2020 election.
So please, for the sake of our nation and this upcoming election, please quit lying President Trump.
This time, ignore your son-in-law, the RINO advisers and do what is right be restoring the rule of law and issuing the correct Executive Order which even the Supreme Court could not over turn.
Otherwise enjoy your one term as President and the condemnation you will receive afterwards for betraying the voters who put you into office.