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LAWSUIT UNDER CONSIDERATION WHILE LEGAL EXPERTS PREPARE TO ASSIST WITH ARIZONA’S DEFENSE

by Debra Mullins

Faux Attorney General Eric Holder, who last year said that America is "a nation of cowards"

(May 14, 2010) — U.S. Attorney General Eric Holder, told reporters on April 27, 2010 that the Department of Justice is considering taking legal action to block the implementation of Arizona’s SB1070, the new immigration enforcement law. Mr. Holder stated that he has assembled a group of lawyers from the Justice Department and Department of Homeland Security to weigh a possible federal lawsuit.

Mr. Obama has called the law “misguided” and has instructed attorneys to “examine the civil rights and other implications.” Mr. Holder called the law “unfortunate” and said that it might give rise to potential “abuse” by law enforcement officials.

During an interview with “Meet the Press” anchor David Gregory on May 9, 2010, Gregory asked Holder what specifically was wrong with the law and if the Department of Justice was close to filing a legal challenge.

Mr. Holder’s response was, in part:

Well, one of the things I think we have to acknowledge is that our immigration system is broken in many ways, and I think it requires a national solution.  The concern I have is trying to do it state by state.  I understand the frustration of people in Arizona, but the concern I have about the law that they have passed is that I think it has the possibility of leading to racial profiling and putting a wedge between law enforcement and a community that would, in fact, be profiled.

We are considering all of our options, and we – one of the things that we are thinking about is the possibility of filing a lawsuit. But we’re considering all of our options at this point.  Whether or not it is something that we can file a lawsuit based on federal pre-emption grounds, whether we think that the law as enacted could violate federal civil rights statutes.

The complete transcript of the interview can be found here.

In an exchange between AG Holder and Representative Ted Poe (R-TX) during his testimony before the House Judiciary Committee on May 13, 2010, Rep. Poe questioned the AG about the Department of Justice’s plans to file a lawsuit.

Rep. Poe asked Mr. Holder if he had read the law, if he had an opinion regarding the law’s constitutionality, and if he saw a difference between the constitutionality of the statute and the constitutionality of its application.

Holder responded he has not read the law in its entirety so he has not formed an opinion, but he felt it potentially could be legally challenged both on its face and its application.

Rep. Poe followed up by asking Holder as to when he might have an opinion on the law’s constitutionality, to which Holder responded, “I think relatively soon. I think that we have to — there has been much discussion about this. The review is underway (sic). The Department of Justice along with the Department of Homeland Security is involved in this review.”

Rep Poe replied “– it’s hard for me to understand how you would have concerns about something being unconstitutional if you hadn’t even read the law.”

Holder responded, “Well, what I’ve said is that I’ve not made up my mind. I’ve only made — made the comments that I’ve made on the basis of things that I’ve been able to glean by reading newspaper accounts, obviously, television, talking to people who are on the review panel, on the review team looking at the law.”

A partial transcript of the exchange can be found here.

The American Center for Law & Justice (ACLJ), a Washington D.C.-based, nonprofit organization that focuses on constitutional law, is preparing to provide the State of Arizona legal research and briefs in support of new law. ACLJ’s position is that there is absolutely no provision in the Constitution that is being violated by the AZ immigration policy.

According to the ACLJ, the U.N. has also interjected itself into the debate. On May 11, 2010, six independent U.N. human rights experts issued a joint statement expressing their concern that the AZ law may violate international standards and subject Hispanics to discriminatory treatment.

Kris Kobach, a Republican candidate for MO Secretary of State, helped draft SB1070 and is also preparing to assist with the state of Arizona’s defense. Mr. Kobach currently teaches constitutional and immigration law at the University of Missouri – Kansas City School of Law.

Mr. Kobach recently gave an interview to National Law Journal’s Marcia Coyle. Ms. Coyle asked Kobach if he thought the Department of Justice would step in to challenge the Arizona law in which he replied:

It would be highly unusual for the Justice Department to do such a thing unless it was being motivated by political calculations. There have been numerous state statutes that represent state action in the area of illegal immigration and the Justice Department has never weighed in to stop states that are trying to reinforce federal law enforcement. I would imagine they would weigh their actions carefully, and they are not going to find any easy challenge in the text of the statute.

Ms. Coyle also asked Mr. Kobach if he expected a challenge and when. Kobach responded, “I expect a challenge will be filed and before the law goes into effect. I anticipate I probably will be providing some assistance to the Arizona Attorney General’s office.”

Mr. Kobach wrote a rebuttal on April 28, 2010 in response to the recent criticism of SB1070 by the Obama regime.

UPDATE, May 26, 2010: According to Fox News, the team of Department of Justice staff attorneys assigned the task of reviewing SB1070, Arizona’s illegal immigration enforcement law, has recommended the U.S. Government challenge Arizona in court.

The Department’s Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a civil complaint that challenges the Arizona law as unconstitutional, on the premise it is illegal because it impedes federal law. If pursued, the complaint would be filed in federal court in Arizona.

Also, a coalition of approximately a dozen police chiefs from major U.S. cities are scheduled to meet with Attorney General Holder on May 26 to discuss their opposition to the new AZ immigration enforcement law. The group contends the new law could drive a wedge between the community and local law enforcement officials.

Phoenix Police Chief Jack Harris stated: This law is the culmination of a very broken immigration system. It doesn’t fix the immigration problem, it only diverts our scarce resources.

Pinal County Sheriff Paul Babeu and president of the Arizona Sheriffs’ Association said his law enforcement colleagues should be “preparing to implement the law” rather than meeting with Holder. We wouldn’t have to do this, if the federal government had done its job.

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  1. I received this by e-mail and thought it appropriate to share here without further comment (by me) being necessary.
    ELmo
    Theodore Roosevelt’s ideas on Immigrants and being an AMERICAN in 1907.

    ‘In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin But this is predicated upon the person’s becoming in every facet an American, and nothing but an American…There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag… We have room for but one language here, and that is the English language. And we have room for but one sole loyalty and that is a loyalty to the American people.’
    Theodore Roosevelt 1907

  2. According to all the eligibility lawsuits filed we the people no longer have standing to file (or any rights anymore) a lawsuit against the government or any officials anymore so we need the states to file a lawsuit (if they have standing to question the feds anymore)>
    Keep all firearms well oiled we MAY YET NEED THEM!!!

  3. How about the people file lawsuits against the Federal government for not protecting the citizens along the border.

  4. Eric a nation of cowards Holder is nothing more than human trash. He never even read the bill that Jan Brewer signed! He refuses to address the Ft. Hood massacre as Islamic jihad, which it was. I found a very interesting link from Devvy Kidd’s article which states that Holder is guilty of obstructing justice in the torture and murder of Michael Trentadue. Here is the link.

    http://www.devvy.net/pdf/mar09/rename/final/trentadue.pdf

    Here is the link to Devvy’s article.

    http://www.devvy.com/new_site/manning_obamas_lies_051410.html

    Holder needs to be charged with all the rest of the COWARDS in the District of Criminals. Our country has suffered enough.

  5. Once we get our people in control again in DC, methinks we ought to
    move our nations capitol to the MID-WEST. Definitely not Chicago and
    probably not Illinois.

    1. Texas , that is where the capital should be ! And all armed citizens . Like Glen Beck says , give us conservatives Tx and the liberal the rest . They will be broke in 5 years and we will prosper !

  6. This is what it’s come to.

    The attorney general of the united states threatening to sue a state for enforcing the law of the land.

    But, hey, if they’re going to fix the debt burdened economies of the world by loaning them more money, what else would you expect them to do about Arizona?

  7. So why does Arizona and all states sue the federal government for not upholding the constitution in regards to not enforcing our borders?
    Sounds as if the states are pandering to citizens while continuing to leave the borders open.
    As for as any UN agency tell them to shove it!!!

  8. Why doesnt Mr Eric Holder do his job ( 1 ) first item : Is Mr Obama the Constitutionally Legal President ? Let us examine the facts ( 2 ) criteria for office of U.S. President ( 1 ) must be @ least 35 years of age , OK ,( 2 ) Must hve been resident of U.S.A. 14 years [ ??] ( 3 ) Must be ” Natural born citizen ” No possible way !! Definition of ” – “Natural born Citizen ” A Child born on U.S. Soil to Parents not owing foreign allegiance to any other Country ” !! ” OBAMA’s” Dad was Not a U.S. citizen , ” Obama ” does not pass criteria

  9. The most unconstitutional law he’s never read will be challenged constitutionally by an unconstitutional illegal usurper regime.
    See, what’s happening with the Arizona law, and all the challenges to the unconstitutional Obamacare bill, is a “gonna MAKE me” steal secession 10th amendment uptick by the states. They know the constitution is null and void under the usurper, and the usurper regime is still pushing…they are 1,000 delusional idiots in WA DC vs. 320 million or so thinking Americans. Wow.

    1. Odd how the regime can overlook that the AZ law was pretty much following the already on the books FED laws about immigration, which are not being enforced. (fancy that!) Also that no less than 67% of Americans are in complete agreement with what AZ is doing (again, fancy that!). Holder is just another fascist rubber stamp of Obama and the radical, fascist liberals, and the truth of the matter is, they don’t give a hoot about illegals except to get their votes. That’s it in a nutshell. Nothing more, nothing less.