The Immigration Debate: DOJ Lawsuit Against Arizona – The “Cliff Notes” Post

The Immigration Debate – DOJ Files Suit Against Arizona – Bullet Points & Legal Cites – Your “Cliff Notes” On The Arizona Suit

I’m including “links” to shorten your verification process ….

 1) DOJ suit against State of Arizona: http://legaltimes.typepad.com/files/usa_v_arizona.pdf

The suit’s 3 causes of action are listed on pages 23 & 24 of the 25 page suit.    

2). DOJ memo 04/23/2002 refuting all three causes of action listed in the current DOJ suit. http://www.aclu.org/files/FilesPDFs/ACF27DA.pdf

 3) I’ve cobbled together several “law review” articles and the legal sites to a dozen of the relevant case decisions here: https://mcauleysworld.wordpress.com/2010/07/09/the-immigration-debate-04232002-doj-memo-directly-contradicts-basis-of-obama-lawsuit-against-arizona/

 I have a very different take on how this debate is being “defined” and that the issue of “framing” the debate is still being controlled by the media and the fact that the media is so very slanted in its reporting on this matter.

 A). Arizona’s new law isn’t an “Immigration Law” at all – it is a “law enforcement statute”. – The Arizona statute does not set a single quota or define a single crieria for admitting a foreign national to the United States – the “true” subject matter of Immigration Law.

 B) The Arizona Law is administrative in nature as is described in several of the Federal Court Opinions sited in my blog article..

 C). Arizona is not moving to change Federal Immigration Law – Arizona’s intent is to enforce existing federal law ….

 D). The party moving to “change” this Nation’s laws, through a drastic reinterpretation of existing Federal statutes, is the Plaintiff or the Executive Branch, specifically Obama’s DOJ and AG Holder.

 The 04/23/2002 DOJ memo indicates that post 09/11/2001 the Federal Government waived any claim to preemption or supremacy when it came to the concurrent enforcement of our immigration laws. Congress specifically expanded the role played by state law enforcement post 9/11. Congress has had 8 years to act on the memo or to revise the Statutes it passed after 9/11 and has not done so  …

 The memo was routinely criticized by the ACLU and the rest of the far left when it was first issued in April 2002, however, no Congressional action was taken to address the pronouncements of the far left or to amend the statutes upon which the 04/23/2002 memo is based …. today, the Holder DOJ simply wants to ignore the 04/23/2002 memo and its holdings and to reverse a long standing policy of the United States Government …..

 Once waived by the Executive Branch, “preemption” and or “supremacy” must be reclaimed by Congress …. not the Executive Branch ….

The Medical Marijuana Scam – Lessons From Montana For American Taxpayers

Montana group shuts down cannabis caravans

HELENA, Mont. 

A Montana advocacy group is shutting down its traveling medical marijuana clinics amid criticism that the so-called cannabis caravans have added thousands of people to the state registry without conducting thorough patient screenings. The Montana Caregviers Network [The name adopted by a Group of Marijuana Distributors or “Care Givers”] has hosted the one-day clinics in hotels and conference centers across Montana for more than a year. For a $150 fee, the group brought together those seeking to become medical marijuana patients with doctors willing to prescribe pot.

Starting next week, the group will forgo the clinics and instead team up with medical marijuana distributorscalled caregivers in Montana – to provide regular doctor’s office hours in Billings, Bozeman and Helena, in addition to the group’s base in Missoula.

“It is being changed partially because of the criticism of the traveling clinics. Also, from the business end, it’s no longer sustainable,” group [distributor] spokesman Chris Arneson said. “The traveling clinics no longer allow us to serve our patients the best we can.”

The clinics were a major factor in Montana’s medical marijuana patient registry jumping from 842 people at the end of 2008 to just about 20,000 at the end of June.

But over the past few months, the clinics have come under criticism as being assembly lines that sees hundreds of people at a time, but at the expense of proper medical examinations.

An interim legislative committee drafting a bill to shore up the state’s medical marijuana law has been hearing from people who say the pot boom goes against the aim of the law to provide care to people with the most debilitating illnesses or conditions.

Meanwhile, the state medical board tried to curtail the mass screenings with a position paper released at the end of May saying that doctors who recommend medical marijuana must follow the same standards as doctors prescribing other medicine.

The board fined a physician who had seen about 150 people in 14 1/2 hours at one of those clinics last year. [Billing a total of $22,500 to the 150 “patients” “examined” in that 14.5 hour period]

The Montana Caregivers Network [The name taken by a group of marijuana “distributors”] has a doctor who now works full-time with the group in Missoula. Under the new model, he will go to Billings, Bozeman and Helena once a week to provide recommendations for new patients and for current ones seeking to renew their one-year eligibility, Arneson said.

The Montana Caregivers Network will still handle the records and still charge $150 per recommendation. [and I’m certain it is safe to assume that these “caregivers” or “distributors” will then fill the prescritions].

Board of Medical Examiners Executive Director Jean Branscum was out of the office on Thursday and Friday and did not return requests for comment.

http://www.examiner.com/a-2720335~Mont__group_shuts_down_cannabis_caravans.html

Hey Governor how is the State budget this year ..... Bailout? Bailout? Bailout my ass ....

McAuley’s World Comments:

With a prescrition in hand, the “medical marijuana” becomes an item covered under private and public health insuarnce – rasing costs to all consumers, the choomers and straights alike.

If you happen to be a tax paying beer or wine drinker – you should feel left out …..

Billions of dollars in new “medical expenses” to be absorbed by Obama Care.

Free marijuana for those who obtain their medical coverage through the U.S. taxpayer ….. 

Every “medical care” dollar spent on “medical marijuana” is one less dollar to be spent on AIDS, cancer, diabetes  or Alzheimers disaese.

Day 82 In The Gulf: Will The Leak Be Capped By Monday 07/12/2010?

Update 07/13/2010

The new cap on the well is secure and does not appear to be leaking, however, a new and smaller “BOP” has been attached to the new cap … the oil is flowing through the old “LMRP” or Lower Marine Riser Package … through the new cap … into the new BOP and out the top end of the new BOP into the gulf …. the Feds & BP are closing off vents in the new BOP and they will eventually attach a new riser or pipe to the top end of the “new “BOP” to take the oil to the surface …. at the moment … the oil continues to flow into the Gulf …. however, the new repair appears on track to stop the spill ……….

NPR’s 6 camera live feed ….

http://www.npr.org/templates/story/story.php?storyId=126475680

07/10/2010

NEW ORLEANS, Louisiana, July 10, 2010 (AFP) – Underwater robots were preparing to replace a cap over the leaking Gulf of Mexico well that could see the devastating oil flow finally contained as early as Monday.

The more snuggly-fitting containment cap, which comes on the heels of repeated failures and setbacks for BP, would then siphon crude and gas up to a series of tankers on the surface, but the system is only a temporary solution, before relief wells are completed that could stop the flow completely.

Once the old cap is removed, oil will flow nearly unabated into the Gulf waters for some 48 hours, and the new system’s success is anything but guaranteed, however.

“This new sealing cap has not been deployed at these depths or under these conditions, and there can be no assurance that the sealing cap will be successfully installed or installed within the anticipated timeframe,” BP warned in a statement.

The existing cap, which sucks up to 25,000 barrels (one million gallons) of oil a day, was installed over a month ago but it allowed some of the hydrocarbons (oil) to escape because it was placed over a jagged cut of the well pipe.

BP is also working to connect the Helix Producer containment ship to another portion of the blown-out well. The government’s point man on the spill, Coast Guard Admiral Thad Allen, said the ship should be up and running by Sunday.

http://www.canada.com/news/could+contain+Gulf+spill+Monday+officials/3261531/story.html

McAuley’s World Comments:Will the Gulf Spill Be Capped By Monday 07/12/2010? Why wasn’t the well capped like this In Week #1?  Why wasn’t his repair completed 70 days ago? The repair is being completed with 50 year old techniques and 50 year old technology. Can you image the Gulf today, had the well been capped 70 days ago and had the Obama Administration let the local Governors address the spill? Cap the well in the first 10 days and start skimming immediately? Limiting the oil flow to 10 days and starting an immediate effort to “berm, boom & skim”. Would the oyster beds be open today? Would the fisherman be back to work today? Would the restaurant owners be visiting the fish markets every morning? Would the tourists in Florida, Alabama and Mississippi even have noticed the spill? Would we even be considering a 6 month moratorium? Cap and what? What price is the Gulf paying for this mismanagement, this incompetence? This repair was suggested weeks ago …

https://mcauleysworld.wordpress.com/2010/06/25/day-68-gulf-oil-crisis-admiral-allen-announces-new-plan-for-well-repair-a-plan-posted-on-wordpress-com/  

https://mcauleysworld.wordpress.com/2010/06/21/day-63-gulf-oil-crisis-mr-president-what-is-the-back-up-plan-is-there-a-back-up-plan/

UPDATE 07/10/2010

Damaged Riser Being Removed On 07/10/2010

NEW ORLEANS – Robotic submarines removed the cap from the gushing well in the Gulf of Mexico on Saturday, beginning a period of at least two days when oil will flow freely into the sea.

It’s the first step in placing a tighter dome that is supposed to funnel more oil to collection ships on the surface a mile above. If all goes according to plan, the tandem of the tighter cap and the surface ships could keep all the oil from polluting the fragile Gulf as soon as Monday.

BP spokesman Mark Proegler said the old cap was removed at 12:37 p.m. CDT on Saturday.

Engineers now begin removing a bolted flange below the dome. The flange has to be taken off so another piece of equipment called a flange spool can go over the drill pipe, where the sealing cap will be connected.

BP was next attempting to remove the bolted top flange that only partially completed the seal with the cap that was moved Saturday.  If not, a specially designed tool will be used to pry apart the top and bottom flanges. Once it’s removed, a 12-foot-long piece of equipment called a flange transition spool will be lowered and bolted in its place. But before that can happen, BP has to bind together two sections of drill pipe that are in the gushing well head, which the transition spool will cover. After the flange transition spool is bolted in place, the new cap — called a capping stack or “Top Hat 10” — can be lowered. The equipment, weighing some 150,000 pounds, is designed to fully seal the leak and provide connections for new vessels on the surface to collect oil. The cap has valves that can restrict the flow of oil and shut it in, if it can withstand the enormous pressure.

On Friday, National Incident Commander Thad Allen had said the cap could be in place by Monday. That’s still possible, given the timeline BP submitted to the federal government, but officials say it could take up to a week of tests before it’s clear whether the new cap is working.

The cap now in use was installed June 4, but because it had to be fitted over a jagged cut in the well pipe, it allows some crude to escape. The new cap — dubbed “Top Hat Number 10” — follows 80 days of failures to contain or plug the leak.

The company is also working to hook up another containment ship called the Helix Producer to a different part of the leaking well. The ship, which will be capable of sucking up more than 1 million gallons a day when it is fully operating, should be working by Sunday, Allen said.

The plan had originally been to change the cap and hook up the Helix Producer separately, but the favorable weather convinced officials the time was right for both operations. They have a window of seven to 10 days.

http://news.yahoo.com/s/ap/20100710/ap_on_bi_ge/us_gulf_oil_spill

UPDATE 2: 07/10/2010

Unbolting Flange On Lower Marine Riser Package 07/11/2010

The process begun Saturday has two major phases: removing equipment currently on top of the leak and installing new gear designed to fully contain the flow of oil.

BP began trying Saturday afternoon to remove the bolted top flange that only partially completed the seal with the old cap. Video images showed robotic arms working to unscrew its bolts. Wells said that could last into Monday depending on whether the flange can be pulled off from above, as BP hopes. If not, a specially designed tool will be used to pry apart the top and bottom flanges.

Once the top flange is removed, BP has to bind together two sections of drill pipe that are in the gushing well head. Then a 12-foot-long piece of equipment called a flange transition spool will be lowered and bolted over it.

View the video here: http://news.yahoo.com/s/ap/20100711/ap_on_bi_ge/us_gulf_oil_spilliew

Live feed: http://www.ustream.tv/pbsnewshour

Update 3: 07/11/2010 – Day 83

BP happy with new oil-leak effort, but no promises

NEW ORLEANS – Under promising with hopes of over delivering, BP said Sunday that it is making progress on what could prove its most effective effort yet to contain the Gulf oil leak, but cautioned that the verdict could be several days away.

A new cap being placed atop the gusher is intended to provide a tight seal and might eventually allow the oil giant to capture all crude leaking from the well for the first time since an April 20 oil-rig explosion set off the environmental crisis. But several prior failed attempts to stop the leak have made BP PLC careful to keep expectations grounded.

Robotic submarines finished removing a busted piece of pipe that was bolted around the leak around 3 a.m. Sunday. That paved the way for the installation of a pipe-like connector called a flange spool that will sit on top of the spewing well bore. The new cap would be mounted (bolted) on top of that connector and have flexible pipes leading up to surface ships. 

If the new cap is a complete success in stopping the leak, that will be a first.

The new cap, or “Top Hat 10,” weighs some 150,000 pounds. It is designed to fully seal the leak and provide connections for new vessels on the surface to collect oil. The cap has valves that can restrict the flow of oil and shut it in, if it can withstand the enormous pressure.

http://abclocal.go.com/ktrk/story?section=news/national_world&id=7548364&rss=rss-ktrk-article-7548364

Update 4: 07/12/2010 – Day 84

NEW ORLEANS – BP expects to attach a new, tighter cap to its leaking well later in the day and then testing will be needed before it’s clear if the oil has stopped spilling into the Gulf of Mexico.

BP Chief Operating Officer Doug Suttles said in a Monday morning briefing the plan to replace a leaky old cap on the well remained on track to be done by the end of this week.

The new cap is designed to funnel oil to vessels on the surface [a production valve] as part of a containment system that could prevent crude from spilling for the first time since April 20.

 

Update 5: 07/12/2010 – Day 84

Update 07/12/2010 – 7:40 PM

NEW ORLEANS – Live underwater video showed a new cap was placed Monday onto the leaking well in the Gulf of Mexico, offering hope of containing the gusher for the first time since BP’s deepwater rig exploded in April.

BP officials did not immediately comment on the video images streamed online by the company.  

http://www.npr.org/templates/story/story.php?storyId=126475680

The company has said the next step will be running tests to make sure there are no other leaks from the well. Tests and monitoring could last from six hours to two days, and oil will still leak into the Gulf during that time.

http://news.yahoo.com/s/ap/20100712/ap_on_bi_ge/us_gulf_oil_spill

Adm Allen, the commander overseeing the spill response, said: “This could lead to the shutting off of the well.”

BP hopes partly to close the cap on Tuesday to test the well’s integrity.

“The measurements that will be taken during this test will provide valuable information about the condition of the well below the sea level and help determine whether or not it is possible to shut the well for a period of time,” Adm Allen said in a statement.

During testing, the system collecting the leaking oil will be shut down for six to 48 hours while pressure readings are taken to make sure there are no other leaks from the well.

http://news.bbc.co.uk/2/hi/world/us_and_canada/10597423.stm

Immigration Officials Arrest 18 Illegal Alien Gang Members In Minneapolis – St. Paul, Minnesota

UPDATE: Review of Judge Bolton’s Decision begins here: The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 1) 

Immigration officials have arrested 18 men during a weeklong operation that targeted gang members in the Minneapolis-St. Paul area.The U.S. Immigration and Customs Enforcement Office of Homeland Security investigations say 15 of the men are known gang members or associates of the Vatos Locos street gang.The others are members or associates of the Sureno-13 Gang.ICE officials say gangs like Vatos Locos are becoming more involved with illegal drugs in Minnesota.

http://www.keyc.tv/node/39373

The Sureno-13 Gang is an international drug gang with ties to the Mexican Drug Cartels.

This is the type of ICE support Mr. Morton is denying to the State of Arizona. Stop the boycotts, secure our borders. 

**************************************

Review of Judge Bolton’s Decision: The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 1) 

A comprehensive review and analysis of Judge Bolton’s erroneous decision.

Read why the Judge was wrong – compare “Congressional intent” with the Judge’s reasoning.

With these PDF documents:

Bolton’s Decision

DOJ Memo 04/02/2010

Links to:

DOJ Complaint

Arizona Law

The actual Immigration Statutes that should have “controlled” the Judge’s decision.

Official Web Sites of: DOJ/DHS/LESC/NSEERS/FBI

What does Congress “mandate” be done and by whom.

 https://mcauleysworld.wordpress.com/2010/07/30/the-immigration-debate-the-arizona-law-judge-boltons-decision-part-1/

%d bloggers like this: