JW Forces Release of DHS Report on Illegal Alien Charged with Killing Virginia Nun in August 2010 Drunk Driving Incident
March 04, 2011 | No Comments
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DHS Documents

Suspect Released By Obama DHS Despite Multiple Arrests

(Washington, DC) — Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has received a Department of Homeland Security report detailing the agency’s investigation of an illegal alien (Carlos Martinelly-Montano) charged with killing a Virginia nun in a drunk driving accident in August 2010. Homeland Security promised a federal court it would release the report earlier this year, but then later claimed the document was in “draft” form and therefore would not be released. Judicial Watch received the edited “final” report on March 3, 2011. Confusingly, the final reported is dated November 24, 2010.

The Homeland Security report details policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series of crimes to remain on the streets despite being subject to deportation. The following is a detailed chronology of events as described in the report, obtained by Judicial Watch through a Freedom of Information Act lawsuit filed on December 2, 2010:

“On December 7, 2007, Montano was convicted for driving under the influence (DUI) in Prince William County, Virginia and was sentenced to serve 30 days of incarceration. The judge in Prince William County, however, suspended all 30 days of the jail sentence with the result that Montano was not jailed for his offense. Local authorities did not seek to determine Montano’s immigration status nor did they contact ICE (Immigration and Customs Enforcement).”

“Almost one year later, on October 4, 2008, Montano was booked into jail in Prince William County and charged with another misdemeanor DUI. At the time of this arrest, the local authorities determined that Montano was an illegal alien. Thus, ICE lodged an immigration detainer against him. As a result of the immigration detainer, immigration officers took him into custody. On October 7, 2008, Prince William County officials released him from custody.”

Rather than detaining Montano, “ICE agents determined that Montano was a candidate for the Alternatives to Detention (ATD) program,” which monitored his whereabouts using GPS technology. He was therefore released.

While awaiting his deportation hearing, “Montano was charged on March 5, 2009, in Fairfax County, Virginia, with misdemeanor failure to appear related to driving without a license. Local officials dismissed this charge against Montano on May 5, 2009. County officials did not contact ICE. On April 27, 2010, a Manassas Park police officer cited Montano for misdemeanor reckless driving. There is no record indicating that Montano was booked or fingerprinted or that Manassas Park officials contacted ICE. On June 1, 2010, Montano was convicted for reckless driving and fined $500. Again, ICE was not contacted following the citation or conviction.”

“On April 27, 2009, as a result of the October 2008 DUI arrest, the Circuit Court of Prince William County convicted Montano and sentenced him to serve 12 months and 3 days in jail. However, the judge in Prince William County suspended 11 months and 13 days of Montano’s sentence. As a result of the judge’s decision, Montano served less than two weeks in Prince William County for his second DUI conviction.”

“On May 7, 2009, after Montano served the portion of his sentence that had not been suspended, ICE took him into custody. Based on Montano’s compliance during his prior participation in the ATD program, ICE officers released Montano on the prior order of supervision (dating back to 2008) with the condition that he report to ICE on a regular basis.”

Decisions by the Executive Office for Immigration Review caused delays in the removal proceedings. Moreover, Montano’s immigration attorney successfully convinced an immigration judge to delay Montano’s removal hearing on two occasions. The court ultimately scheduled Montano’s hearing for August 19, 2010. However, on August 1, 2010, while under the influence of alcohol, Montano is charged with crashing his car into another vehicle, killing one nun and critically injuring two others.

With respect to the decision to release Montano, rather than detaining him, the report concludes: “In 2008, when the decision was made to release Montano, fewer beds were available in the Washington, D.C. metropolitan area.” The report also points to government policies that allowed immigration officials “broad discretion” about how to use detention resources. The Obama administration used this discretion to release Montano in 2009 after he served jail time for his 2008 drunken driving arrest.

In July 2010, the Obama administration announced it would not take legal action against “sanctuary cities” that prevent local law enforcement entities from freely communicating with federal immigration officials. In contrast, the Obama Justice Department also filed a lawsuit to stop the State of Arizona from enforcing SB 1070, a get-tough illegal immigration law that mandates that local law enforcement officers cooperate with federal immigration officials. The Obama administration ordered federal immigration agents to focus deportation efforts only on illegal aliens suspected of terrorist activity and those convicted of “violent” crimes.

“If this is the cleaned-up version of the Homeland Security report, I can’t imagine what bombshells were included in the original version. Even in its edited form, however, this report is an embarrassment to the Obama administration and a clear indictment of Obama’s lawless approach to illegal immigration. An innocent person lost her life because local police officers and immigration officials couldn’t be bothered to enforce and obey the law. This tragedy is a direct result of the Obama administration’s decision to undermine the enforcement of federal immigration laws,” stated Judicial Watch President Tom Fitton.
DHS Documents

DHS response letter - March 3, 2011
U.S. Immigration and Customs Enforcement Carlos Martinelly Montano Inquiry November 24, 2010 - March 3, 2011

Read more about DHS, illegal immigration, virginia
- See more at: http://www.judicialwatch.org/press-room/press-releases/jw-forces-release-of-dhs-report-on-illegal-alien-charged-with-killing-virginia-nun-in-august-2010-drunk-driving-incident/#sthash.k0Bo2Uk7.dpuf

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JW Forces Release of DHS Report on Illegal Alien Charged with Killing Virginia Nun in August 2010 Dr

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(Washington, DC) — Judicial Watch, the

Illegal Alien Who Killed Nun Was on Obama’s Supervised Release

Illegal Alien Who Killed Nun Was on Obama’s Supervised Release
February 28, 2013 | 1 Comment
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The deadly results of President Obama’s “supervised release” program for illegal immigrants were exposed long ago by a Judicial Watch investigation of a Bolivian national (Carlos Martinelly-Montano) who killed a Virginia nun in a drunk-driving accident.

A Homeland Security report obtained in the course of JW’s probe details policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series of crimes, to remain on the streets despite being subject to deportation. Rather than detaining Montano, federal authorities determined that he was a candidate for the Alternatives to Detention (ATD) program, which supposedly monitored his whereabouts.

On August 1, 2010, while under the influence of alcohol, Montano crashed his car into another vehicle, killing one nun and critically injuring two others. Last year he was sentenced to 20 years in prison, but the fact remains that the tragedy never should have occurred. Federal immigration authorities never should have freed Montano under Obama’s outrageous “supervised release” program.

Incredibly, the administration continues full throttle with the controversial program. Earlier this week, U.S. Immigration and Customs Enforcement (ICE) released “waves” of illegal immigrants detained in facilities across the nation. The administration claims that impending budget cuts forced the move and in a statement to the media ICE said the detained aliens have been placed on “an appropriate, more cost-effective form of supervised release.”

A mainstream newspaper well known for its pro Obama reporting called the move a “highly unusual effort to save money.” Then, as if to defend the administration, the story goes on to say that the government hasn’t dropped the deportation cases against the immigrants, but rather the detainees have been freed on supervised release while their cases continue in court.

A congressman from Virginia, the state where the drunk illegal alien killed the nun, called Obama’s early release program “abhorrent.” The lawmaker, Bob Goodlatte, also chairs the House Judiciary Committee and says the administration is “needlessly endangering American lives by releasing criminals into communities.
- See more at: http://www.judicialwatch.org/blog/2013/02/illegal-alien-who-killed-nun-was-on-obamas-supervised-release/#sthash.MjgcWl6f.dpuf

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Illegal Alien Who Killed Nun Was on Obama’s Supervised Release | Judicial Watch

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The deadly results of President Obama’s “supervised release” program for illegal immigrants were exposed long ago by a Judicial Watch investigation

Obama conferred with Rezko, Rezko conspired with Cellini, Obama 2004 constant contact with Rezko during TRS shakedown

Saturday, June 11, 2011 23:50

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(Before It's News)

Obama conferred with Rezko, Rezko conspired with Cellini, Obama 2004 constant contact with Rezko during TRS shakedown
“Why was Obama in constant contact with Tony Rezko in 2004 when Rezko was conspiring with William Cellini to use TRS, Teacher Retirement Fund, assets for political gain and personal enrichment?”…Citizen Wells
“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich
“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren
What was Barack Obama up to in 2004.
Where is Tony Rezko?
From Citizen News June 11, 2011.
“From the William Cellini Indictment Press Release October 30, 2008.”
“Between February and April 2004 – at the same time Commonwealth Realty Advisors obtained allocations totaling $220 million from TRS – Cellini, Levine, Rezko, and Co-Conspirator A allegedly conspired to use their influence and Levine’s position at TRS to prevent Capri Capital from receiving a planned $220 million allocation of TRS funds unless Rosenberg and Capri agreed to raise or donate a substantial amount of funds for the benefit of Public Official A. In early May 2004, after conversations with Levine, Cellini agreed to and did tell Rosenberg that Capri was not going to receive its $220 million allocation because Rosenberg had not made a significant political contribution for the benefit of Public Official A, the indictment alleges. Once Rosenberg understood the reason Capri was not receiving funds, Cellini and Levine agreed that Cellini would direct Rosenberg to talk with Levine to arrange making the necessary contributions, the charges state.”
“As part of the conspiracy, Cellini, Rezko, and Co-Conspirator A also allegedly agreed to and did engage in secret communications with Levine, other TRS trustees and staff members, including TRS Staffer A, concerning official actions pending before TRS. Cellini was aware that Levine concealed from and failed to disclose to the TRS board the existence of these secret communications, the charges allege. In the summer of 2004, Cellini, Rezko, Co-Conspirator A, and others allegedly discussed moving TRS Staffer A from his position at TRS into another job with a different state entity in an effort to ensure that TRS Staffer A would not cooperate with the government. And, in or around the summer and fall of 2004, in an effort to conceal the conspiracy, Cellini, Rezko and others discussed the possibility of removing the U.S. Attorney for the Northern District of Illinois in an effort to stop any investigation into the co-conspirators and others, the indictment alleges.”
“What was Barack Obama doing at that time?
From the Chicago SunTimes.
February 10, 2008.
“In the media, Obama always made it sound like he rarely saw Rezko, saying they met for breakfast or lunch once or twice a year. However, the FBI mole John Thomas helped investigators “build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005,“
During his March 14, 2008 interview,
“the Times told Obama, Thomas is an FBI mole and he “recently told us that he saw you coming and going from Rezko’s office a lot.”
“And three other sources told us that you and Rezko spoke on the phone daily.”””
Read more:
http://citizenwells.com/2011/06/11/tony-rezko-witness-at-william-cellini-trial-cellini-rezko-levine-obama-2003-2004/
From Free Republic June 16, 2010.
“The name of President Obama came into play this afternoon at the political corruption trial of former governor Rod Blagojevich as an associate of political fund-raiser Tony Rezko testified that Rezko asked him to write a $10,000 check to Friends of Obama.
The Chicago Sun-Times reported in January 2008 that Glenview businessman Joseph Aramanda, who is testifying today, made the donation as part of a scheme orchestrated by Rezko.
Aramanda gave $10,000 in campaign cash to Obama’s U.S. Senate campaign on March 5, 2004, according to records. The money came from part of a finder’s fee Aramanda received, but did no work for, thanks to Rezko.
The allegation is the first time Obama has been linked to Rezko through first-hand sworn testimony at the corruption trial.”
“Aramanda, who is testifying under a grant of immunity, said in 2004 Rezko offered him a position in a finder’s fee business connected to the state’s teacher pension board.”
“Attorney Michael Gillespie even brought Barack Obama into the mix, getting Aramanda to note that when he met Blagojevich at Rezko’s mansion, Obama was also there.
Aramanda said the event was a fund-raiser for both Obama and Blagojevich. Obama and Rezko were friends when Obama was an aspiring U.S. Senator. Rezko did some fund-raising for Obama and bought property next door to the Obama’s Hyde Park home.”
Read more:
http://www.freerepublic.com/focus/f-news/2536179/posts

Extrmely important ObamaForgeryGate and associated RICO (Racketeering ) case bgainst Obama, Pelosi, “Obama for America” and others brought by Attorney Taitz to be heard by Ronald Reagan appointee in MS

Friday, August 31, 2012 12:30

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(Before It's News)

Press release
U.S. District Judge Henry Wingate, Ronald Reagan appointee, to rule in a case brought by CA attorney Orly Taitz. This case started in January 2012.
Each state has different election laws and statutes. MS is different from many other states, in that it requires a challenge against a candidate to be filed with the political party first. If the party rules against the challenger, the case can be brought in court. MS statutes do not require challenger to be a resident of MS.
Originally this case was filed by Attorney Taitz, later a resident of MS and several presidential candidates joined.
Taitz brought this  challenge in the Circuit Court of Hide County, Jackson MS after the Board of the Democratic Party of MS refused to respond to the challenge. Case Taitz v Democratic Party of MS and Secretary of State of MS.
Circuit Court of MS forwarded the case to the Supreme Court of MS and Supreme Court of MS appointed a retired Circuit Judge Coleman to preside over the case. Judge Coleman sat on this case, which should have been expedited, for over a month, which allowed Obama to run in the Primary in MS unchallenged. Taitz brought an amended complaint, which reflected a new status of the case, being held after the primary, as well as new parties, who joined the case and additional causes o f action, which included RICO (Racketeering Influenced Corrupt Organization). Taitz argued that “Obama for America” is a RICO, created with the purpose of committing massive elections fraud and treason, by allowing a foreign national, citizen of Indonesia and possibly still a citizen of Kenya to usurp the position of the U.S. President and Commander in Chief. Shortly after the primary judge Coleman stated that he is ready to hear the case, however he never signed the subpoenas for witnesses to appear at the hearing. Taitz filed a motion with the Supreme Court of MS stating that by dragging the case until after the primary and not responding to requests for subpoenas Judge Coleman showed bias and Taitz is requesting recusal of Judge Coleman. Upon the motion to the Supreme Court Judge Coleman recused himself.
While the case was pending in the Supreme Court of MS, attorneys for the Democratic party of  MS removed the case to the Federal court, which is believed to be more favorable to the Federal officials. Obama, of course, is the top federal official. Taitz filed a motion to remand to the state court, as requirement for removal is a consent of all defendants, and most of the defendants did not consent. After  the court did not act upon the motions to dismiss filed by the Democratic Party of MS and Sec of State, defendants decided to forego the motions to dismiss and filed their answers. The fact that the hurdle of the Motion to dismiss was over and answers were filed, was a good thing, as after the answer is filed, the party can do discovery. Taitz scheduled depositions, including depositions of Bill and Hilary Clinton, relating to elections fraud and manipulations by  Obama during the 2008 campaign. Additionally she was seeking to obtain any information they had in regards to murder of the  chairman of the Democratic party of Arkansas Bill Gwatney. Gwatney was murdered shortly before the 2008 Democratic National Convention and was rumored to be the Clinton supporter, who was willing to speak up about Obama’s forged identification papers during the 2008 Democratic Nominating convention. Taitz, also,  was seeking information about reported threats to Chelsea Clinton.
Shortly prior to the depositions, Democratic Party of MS, through their attorneys Sam Begley and Scott J.Tepper sought to stay the discovery. Same attorneys sought a judicial notice of Obama’s alleged birth certificate posted  by Obama on line, on WhiteHouse.com. Taitz opposed and sought sanctions against Tepper and Begley, noting that any garbage can be posted on line, that the fact that Obama posted, what experts believe to be a forgery, does not make is a valid document, which can be noticed by the court. Additionally sanctions against Begley and Tepper were warranted, as they had in their possession videotaped sworn testimonies attesting to forgery in the alleged birth certificate, as well as video taped press conference by Sheriff Arpaio stating that it is a forgery as well. It was an egregious violation of attorney ethics, for licensed attorneys to seek a judicial notice of a document, while having evidence that such document is a forgery. Taitz filed a complaint with the CA bar, as Tepper is a CA attorney, and bar investigator, who either pro bono or pursuant to some consideration, spent four years attacking and hounding attorney Taitz, with the purpose to covering  up forgery in Obama’s IDs. CA bar responded, stating that the issue of forgery of Obama’s birth certificate is a matter of National security and needs to be heard by the court. Taitz included this letter from the CA bar with her motion to expedite. The hearing is scheduled for September 24, 2012.
More information to be provided later.
Judgepedia  information on Judge Wingate and Wikipedia article on murder of Bill Gwatne  are attached herein.
BiBill Gwatney From Wikipedia, the free encyclopedia
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William “Bill” Gwatney
Chair of the Arkansas Democratic   Party
In office 2007 – August 13, 2008
Succeeded by	David Pryor[1][2]
Arkansas State Senator
In office 1993–2002
Personal details
Born	August 26, 1959
Died	August 13, 2008(2008-08-13)   (aged 48) Little Rock, Arkansas
Political party	Democratic
Children	Christian and   Chase
Residence	Jacksonville, Arkansas

Bill Gwatney (August 26, 1959^[3] – August 13, 2008) was an American politician who served as the State Chair of the Democratic Party of Arkansas.^[4] Prior to being State Chair, he was a State Senator for 10 years. He had also been the financial chair for Mike Beebe‘s run for Governor of Arkansas in 2006. He owned three car dealerships in Pulaski County.^[3][5] Gwatney was selected as a superdelegate at the 2008 Democratic National Convention, but was murdered before serving. He was replaced by his widow Rebecca Rankin.
[edit] Death On August 13, 2008, Gwatney was fatally wounded^[6] when a man, identified in news reports as Timothy Dale Johnson, 50,^[7][8] entered Democratic Party headquarters in Little Rock, Arkansas and shot Gwatney three times.^[9] Gwatney was taken to a hospital, but died at 3:59 pm CDT.^[6]
The gunman had said he wanted to speak with Gwatney about volunteering, but sidestepped his assistant when she said he was busy.^[10] After the shooting, the gunman fled the scene in his truck and led police on a 30-mile (48 km) chase out of Little Rock.^[10] Johnson was fatally shot by police after a PIT maneuver forced him off the road into a field near Sheridan.^[9][11] No motive was discovered, except Johnson quitting his Target job earlier that day.^[1][2]
ll Gwatney – Wikipedia, the free encyclopedia
Henry Wingate From Judgepedia Jump to: navigation, search

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Henry Wingate
Current Court Information:
United   States District Court for the Southern District of Mississippi
Title:	Judge
Position:	Seat   #4
Station:	Jackson,   MS
Service:
Appointed by:	Ronald   Reagan
Active:	10/17/1985   – Current
Chief:	2003   – 2010
Preceded by:	98 Stat. 333
Personal History
Born:	1947
Home State:	Jackson,   MS
Bachelors:	Grinnell   College, B.A., 1969
Law School:	Yale   Law, J.D., 1972
Military service:	U.S.   Navy 1973 – 1976, Reserves 1983 – Current

Contents [hide] 1 Early life and education 2 Professional career 3 Judicial career 3.1 Southern District of         Mississippi 4 Notable cases 4.1 Criticisms of case         delays 4.2 Obama threat case 5 See also 6 External links 7 References

Henry Travillion Wingate is an Article III federal judge for the United States District Court for the Southern District of Mississippi. He joined the court in 1985 after being nominated by President Ronald Reagan. Wingate began serving as Chief Judge of the court in 2003.
Early life and education A Mississippi native, Wingate graduated from Grinnell College of Iowa with his Bachelor’s Degree in 1969 and later graduated from Yale Law School with his Juris Doctor Degree in 1972. ^[1]
Professional career

• Law clerk, Community Legal Aid,      Jackson, Mississippi, 1972-1973
• Private practice, Jackson,      Mississippi, 1973
• Lieutenant, Naval Legal Services      Office, U.S. Navy, 1973-1976
• Senior assistant defense counsel,      1973-1974
• Trial counsel, 1974-1976
• Adjunct instructor, Golden Gate      University, 1975-1976
• Adjunct lecturer, Tidewater Community      College, 1976
• Special assistant attorney general,      State of Mississippi, 1976-1980
• Adjunct professor, Mississippi      College School of Law, 1978-1983
• Assistant district attorney, Seventh      Circuit Court District, State of Mississippi, 1980-1984
• U.S. Navy Reserve, 1983-
• Assistant U.S. attorney, Southern      District of Mississippi, 1984-1985 ^[1]

Judicial career Southern District of Mississippi On the recommendation of Mississippi U.S. Senator Thad Cochran, Wingate was nominated to the Southern District of Mississippi by President Ronald Reagan on September 11, 1985 to a new seat created by 98 Stat. 333 which was approved by Congress. Wingate was confirmed by the U.S. Senate on October 16, 1985 on a Senate vote and received commission on October 17, 1985. Wingate has served as the court’s chief judge since 2003. ^[1]
Notable cases Criticisms of case delays Judge Wingate was criticized by a three judge panel of the Fifth Circuit Court of Appeals on March 25, 2010, for failing to enter a judgment in a case in which a person won $1.3 million on a 2002 jury verdict against his former employer.
Fifth Circuit judge Grady Jolly criticized the court for being slow in resolving cases as the Mississippi court had previous complaints filed against them to the circuit’s judicial council.
Jolly also emphasized in his ruling that the court must seek the resources of the Fifth Circuit to prevent any problems they seem necessary. ^[2]
Obama threat case Judge Wingate is presiding in the trial of a Wisconsin man who threatened to assassinate then-President-elect Barack Obama. Steven Christopher is accused of using his website to plot an assassination attempt against the President of the United States. No trial date has been scheduled; however, the judge ruled on July 28, 2009 that Christopher was mentally competent to stand trial. ^[3]
See also

• United      States District Court for the Southern District of Mississippi

External links

• The Robing Room-      Rate Judge Wingate
• Judge      Wingate’s Biography from the Federal Judicial Center

References

1. ↑ ^{1.0 1.1 1.2} Judge      Wingate’s Biography from the Federal Judicial Center.
2. ↑      Law.com      “5th Circuit Scolds Miss. Federal Judge Over Delays”, March 26,      2010
3. ↑      “Clarion      Ledger” Man accused in Obama threat competent for trial, July 29,      2009

Court says Obama appointments violate constitution

Court says Obama appointments violate constitution
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Jan 25, 7:11 PM (ET)
By SAM HANANEL

(AP) Richard Cordray stands left as President Barack Obama announces in the State Dining Room of the... Full Image

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WASHINGTON (AP) - President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board, a federal appeals court ruled Friday in a far-reaching decision that could severely limit a chief executive's powers to make recess appointments.
The decision of the U.S. Court of Appeals for the D.C. Circuit marked a victory for Republicans and business groups critical of the labor board. If it stands, it could invalidate hundreds of board decisions over the past year, including some that make it easier for unions to organize.
When Obama filled the vacancies on Jan. 4, 2012, Congress was on an extended holiday break. But GOP lawmakers gaveled in for a few minutes every three days just to prevent Obama from making recess appointments. The White House argued that the pro forma sessions - some lasting less than a minute - were a sham.
The court rejected that argument, but went even further, finding that under the Constitution, a recess occurs only during the breaks between formal year-long sessions of Congress, not just any informal break when lawmakers leave town. It also held that presidents can bypass the Senate only when administration vacancies occur during a recess.
White House press secretary Jay Carney said the administration strongly disagrees with the decision and that the labor board would continue to conduct business as usual, despite calls by some Republicans for the board members to resign.
"The decision is novel and unprecedented," Carney said. "It contradicts 150 years of practice by Democratic and Republican administrations."
Under the court's decision, 285 recess appointments made by presidents between 1867 and 2004 would be invalid.
The Justice Department hinted that the administration would ask the Supreme Court to overturn the decision, which was rendered by three conservative judges appointed by Republican presidents. "We disagree with the court's ruling and believe that the president's recess appointments are constitutionally sound," the statement said.
The court acknowledged that the ruling conflicts with what some other federal appeals courts have held about when recess appointments are valid, which only added to the likelihood of an appeal to the high court.
"I think this is a very important decision about the separation of powers," said Carl Tobias, a constitutional law professor at Virginia's University of Richmond. "The court's reading has limited the president's ability to counter the obstruction of appointments by a minority in the Senate that has been pretty egregious in the Obama administration."
The ruling also threw into question the legitimacy of Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, made on the same date, has been challenged in a separate case.
Carney insisted the court's ruling affects only a single case before the labor board and would have no bearing on Cordray's appointment. Obama on Thursday renominated Cordray for the job.
The case challenging the recess appointments was brought by Noel Canning, a Washington state bottling company that claimed an NLRB decision against it was not valid because the board members were not properly appointed. The D.C. Circuit panel agreed.
Obama made the recess appointments after Senate Republicans blocked his choices for an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.
But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called pro forma sessions.
GOP lawmakers used the tactic - as Democrats had done in the past - specifically to prevent the president from using his recess power to install members to the labor board and the consumer board. They had also vigorously opposed the nomination of Cordray.
The three-judge panel flatly rejected arguments from the Justice Department's Office of Legal Counsel, which claimed that the president has discretion to decide that the Senate is unavailable to perform its advice and consent function.
"Allowing the president to define the scope of his own appointment power would eviscerate the Constitution's separation of powers," Chief Judge David Sentelle wrote in the 46-page ruling. He was appointed by President Ronald Reagan.
The court ruled that during one of those pro forma sessions on Jan. 3, 2012, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.
Sentelle's opinion was joined by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.W. Bush.
"With this ruling, the D.C. Circuit has soundly rejected the Obama administration's flimsy interpretation of the law, and (it) will go a long way toward restoring the constitutional separation of powers," said Sen. Orrin Hatch, R-Utah.
GOP House Speaker John Boehner welcomed the ruling as "a victory for accountability in government."
If the ruling stands, it would invalidate more than 600 board decisions issued over the past year. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.
Obama used the recess appointment to install Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the labor board, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.
All three vacancies on the labor board had been open for months before Obama acted to fill them.
Sen. Tom Harkin, D-Iowa called the ruling "a radical departure from precedent" and argued that Obama had no choice but to act.
"Throughout his presidency, Republicans have employed unprecedented partisan delay tactics and filibusters to prevent confirmation of nominees to lead the NLRB, thus crippling the board's legal authority to act," Harkin said.
If Obama's recess appointment of Cordray to the newly created consumer board is eventually ruled invalid, it could nullify all the regulations the consumer board has issued, many of which affect the mortgage business.
---
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Obama’s Legal Humiliation

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Part 2 of:Barack Obama Foreign Student –American Media Threatened into Silence

Today,there is no American news outlet factually covering the illegal actions of the sitting President of the United States in context. Nor is there one consistently exposing the laws his administration has flagrantly broken,though this corruption now demonstrably permeates every level of the federal system.
Attorneys General Tom Horne,Arizona;Pam Bondi,Florida;Sam Olens,Georgia;Bill Schuette,Michigan;Scott Pruitt,Oklahoma;Marty Jackley,South Dakota;Alan Wilson,South Carolina;Greg Abbott,Texas;and Ken Cuccinelli of Virginia produced a joint memo on March 5^th,2012 detailing 21 blatant violations of law committed by the Obama administration.
By now it is unsurprising the media has by and large ignored this announcement,although AG Cuccinelli did appear in an extended segment with CSPAN (the relevant segment can be found here) on March 18^th.
Fortunately,The Tea Party Tribune published the Attorney’s General memo,“A Report on Obama Administration Violations of Law” in full the same day it was released. It is nothing short of a flashing legal headline story,yet cannot be found at the Washington Post or the New York Times.
“Whether it is through the EPA,NLRB,Office of Surface Mining,FCC or other entities,the Obama Administration has aggressively used administrative agencies to implement policy objectives that cannot gain congressional approval and are outside of the law.” –A Report on Obama Administration Violations of Law
An abbreviated list of broken laws includes:

• PPACA (Obamacare):Individual Mandate;To be heard by Supreme Court of the United States in March
• FCC:Regulation of the Internet in the face of a court order from Circuit Court of Appeals for Washington D.C. stating that the FCC does not have the power to regulate the Internet
• EPA 1:GHG (Green House Gas) lawsuit;EPA’s own Inspector General reported last September that EPA failed to comply with its own data standards;Heard in Circuit Court of Appeals for Washington D.C. in February
• OSM:Attempting to impose regulatory requirements on the 19 states with authority for exclusive regulation of their coalmines for the first time in more than 30 years
• DOJ:South Carolina &Voting Rights Act:Rejecting voter ID statutes that are similar to those already approved by the Supreme Court of the United States;DOJ ignored section 8 of the Voting Rights Act which calls for protections against voter fraud,and used section 5 to administratively block measures to protect the integrity of elections passed by state legislatures in preclearance states including South Carolina;South Carolina voter ID law merely requires a voter to show photo identification in order to vote or to complete an affidavit at the pain of perjury if the voter does not have a photo ID
• DOJ:Arizona &Voting Rights Act:Rejecting voter ID statutes that are similar to those already approved by the Supreme Court of the United States
• DOE:Yucca Mountain;In 2009,Administration arbitrarily broke federal law and derailed the most studied energy project in American history when DOE announced intent to withdraw 8,000 page Yucca Mountain licensing application with prejudice.

- A Report on Obama Administration Violations of Law
14 more violations of law are listed in the AGs’ memo. At one time or another,many of these violations have made the news,yet the full list is never presented to the public. When compiled,it is apparent even at a glance that the federal government as led by Barack Obama has no respect for the law. Clearly,the Obama government is acting as it deems fit. Much as a monarchy would. As if the States did not exist. As if the Constitution of the United States did not apply.
Indeed,when it comes to Obama and his government,the Constitution is a barrier to be removed. As Obama stated in a 2001 interview with NPR,“generally the Constitution is a charter of negative liberties.”  Undeniably,the Constitution limits government negatively;it states what the government cannot do. From the point of view of someone attempting to expand government powers beyond that which the Constitution limits it to,it is extraordinarily (and negatively) limiting. It was designed that way. It is the keystone,the cornerstone,the foundation of a free people;one freed and protected from government tyranny.

The M-1/A-2 tank in the room
If more evidence were needed to delineate the obvious disrespect coming from the Oval Office for the Law,on Monday,April 2^nd 2012,President Barack Obama attempted to erase 200 years of legal history,stating in a press conference with world leaders that the law codified in the Supreme Court Case Marbury v. Madison (5 U.S. 137) 1803 is not valid:
“Ultimately,I’m confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress.” – Barack Obama 4-5-2012
Hundreds of bills have passed out of Congress and been found unconstitutional,overturned by the Supreme Court,since Marbury V. Madison established in 1803 the Supreme Court’s right of judicial review.
The Supreme Court has been the final arbiter of law,determining the constitutionality of laws passed by Congress for over two hundred years. There is no article or section in the Constitution which specifically bestows this power within the Court. Instead,Marbury was the court’s interpretation of the Constitution;furthermore,the legal precedent it set in that decision still stands as good law today.
This is not the first time Mr. Obama has attempted to re-write history to his liking. The difference here lay in the fact that the media is in a feeding frenzy over this one.
The day following this massive falsehood,April 2nd,Eric Holder was ordered to address Obama’s statements by the 5^th Circuit Court of Appeals, forcing the administration to publicly acknowledge the law established in Marbury.
Attorney General Eric Holder stated in the department’s court ordered response:“The Department has not in this litigation,nor in any other litigation of which I am aware,ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation.” Even the Attorney General of the United States is hanging Obama out to dry on this issue.
Marbury V. Madison is not just an elephant in the room;it’s more like M-1/A-2 tank running flat out,but not for the reasons most immediately apparent. What is missing from this conversation,so ravenously devoured by the press,is this:Marbury was decided in 1803,it’s has been cited hundreds of times. It has never been overturned. The Attorney General of the United States affirms that it is good law. There is absolutely no question it is binding law,so commonplace it wasn’t even a discussion piece outside first year law school until the president tried to undo it in a press conference.
So far,so good,but what’s missing here?
If Marbury has never been overturned and is binding law with decades of citable history behind it,what makes it different from a case decided in 1875 which has also never been overturned and has been cited to for decades?
Nothing. They are both still law.
Minor V. Happersett in 1875 decided that Ms. Virginia Minor did not have the right to vote. While originally a Women’s Suffrage (voting) case,the Court in Minor interpreted the Constitution,determining that citizenship itself did not give right to vote,unequivocally stating in the final paragraph of the decision:“Being unanimously of the opinion that the Constitution of the United States does not confer the right of suffrage upon any one” –Minor V. Happersett (88 U.S. 162).
Constitutional Amendments against discrimination preventing a person from voting based on race (15th),sex (19th) and age (26th).,are taken for granted as being a constitutional rights to vote;yet in reality,there is no constitutionally protected “right” to vote (there are amendments against discrimination.)
To re-state this immeasurably important distinction,there is nothing in the Constitution which gives Americans the right to vote;instead,the Constitution eliminates circumstances such as gender and race from preventing voting. This is a legal distinction perhaps only a lawyer can properly love,yet the fact remains that the difference between the two is as great as the difference between lead and gold.
This is why the Minor Case has never been overturned;its conclusion is a statement of fact. Because it has never been overturned,the basic definitions of citizenship made in Minor still apply today because they are the independent grounds upon which the court made its decision.
To use a metaphor,‘The light bulb turned on because there is electricity. Electricity is the flow of electrons in a current which heats a wire making a light bulb glow.’ The definition of electricity is the independent ground upon which we can say the light bulb turned on.
This is not an issue of dictionary semantics or the meaning of words changing over time. The Minor court defined natural born citizenship as part of its independent ground for deciding the case,making it a part of the “holding”–for deciding the case as it did. “Citizenship does not give the right to vote. Citizens are…”These definitions were codified in law which,like those made in Marbury V. Madison,makes them inviolate.
The court in 1875 chose to define through its specific wording what natural born citizens were and still are today,just as in 1803 it decided the right of judicial review lay with the Supreme Court and nowhere else.

Illegal governments do illegal things
Why is the Minor case relevant in 2012 as it applies to the federal government breaking laws left and right?
The answer is not only insidiously dangerous,but terribly simple. The man at the head of that government is there illegally. How can this be? Because Minor V. Happersett is still law,it has not been overturned any more than Marbury V. Madison has.
“At common-law,with the nomenclature of which the framers of the Constitution were familiar,it was never doubted that all children born in a country of parents who were its citizens became themselves,upon their birth,citizens also. These were natives,or natural-born citizens,as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [p168] parents. As to this class there have been doubts,but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens.” Minor V. Happersett (88 U.S. 162)
The Court did not need to decide if Virginia Minor was a citizen because she was obviously a natural born citizen,born in the United States to two parents who were its citizens. The Minor case instructs clearly and concisely that those not born to two citizen parents will have doubts cast on their citizenship status,which in some circumstances,such as qualification under Article 2 Section 1 of the United States Constitution,will demand answers.
Simple logic tells us that where there is doubt about something,proofs must be offered to confirm its status. The proof offered by Barack Obama of his Natural Born Citizenship and placed by him on the White House website has been found to be a “probable forgery” by Sheriff Joe Arpaio of Maricopa County,Arizona,in a legitimate law enforcement action undertaken at the written insistence of the Citizens of Maricopa County and presented to them in person on March 31,2012. The Sheriff is a five time,popularly elected law enforcement official who has served 20 years in that office.
This is the M-1/A-2 tank roaring through the room. If Marbury V. Madison is still law,so too is Minor V. Happersett.
If Barack Obama was completely wrong to state:“…the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress…”,then he is equally incorrect to claim Natural Born Citizenship because he was not “born in a country of parents who were its citizens.” He has offered no legitimate proof that he could be a citizen;his father was a British subject of Kenya and was never a citizen of the United States. What proof Obama has offered has been proven a forgery by law enforcement officials.
The simplest of conclusions is unavoidable:Illegal governments do illegal things. Expect nothing less.
Mrs. Cotter is a senior at American Military University,recipient of the Outstanding Student Essay of 2009,a member of Delta Epsilon Tau and Epsilon Pi Phi Academic Fraternities and on the Dean’s and President’s Lists for academic achievement. She has published at American Thinker,Examiner.com,Accuracy in Media,Family Security Matters,Post and Email,English Pravda,Tea Party Tribune,Patriot Action Network,and The Western Center for Journalism.
The author can be contacted at cotter.d.c@gmail.com,or at DiannaCotter.com

Ex-IRS Agent Discusses Obama's Criminal Past

Obama may have a criminal past...

• Posted by Rick Perry on April 1, 2011 at 6:30am
• View Blog

This is an article written by an ex IRS investigator....very interesting.

Trump is correct, Barry Soetoro, AKA Obama is hiding something in his past that is very bad... and it may not be his citizenship. (Trump would not say this if he did not know something and he has the money to get the dirt...)

As an IRS tax examiner,one of many former federal jobs, I have seen what it appears Barry Soetoro has done, mostly by illegal aliens attempting to acquire a new identity in the U.S and/or criminals looking to acquire a new ID.

Barry, AKA Obama, was lawfully adopted by a foreign national, Lolo Soetoro, and Barry's name was legally changed to "Barry Soetoro". (Barry’s own admission) Barry Soetoro was also made an official legal Indonesian citizen. (again Barry’s own admission)  The adoption would be noted in Barry's vital statistics record in Hawaii on his original birth certificate...
OR Lolo Soetoro may have always been Barry's legal birth farther. The public does not know for sure at this point who Barry's father really was and Barry himself may not know.

Barry was raised as a Muslim in Indonesia and attended a Catholic funded school that permitted all faiths to attend.

Barry's mother dropped him as a dependent for some reason, maybe even when Barry was adopted by Lolo Soetoro.  His mother's passport records dropped Barry as a dependent indicating Barry was no longer a legal dependent of his mothers. (The passport records of his mother have been produced showing Barry was no longer a dependent when Barry was permanently residing in Indonesia.) Barry went to Hawaii to live with his alleged grand parents after Lolo Soetoro and Barry's mother divorced.

A "certificate of live birth" can have names changed on it including a child's birth name, and birth parent’s names. Even a modified date of birth can be on a "certificate of live birth".  This occurs frequently for adopted children where the birth parent does not want the child to know who they are. The public has no idea who Barry’s real birth father is or who Barry’s real birth mother is. (Barry could have been adopted by his mother) The original birth certificate is the only legal vital statistics record of a person’s birth parents, birth location, birth date, etc… I can get a “certificate of live birth” for a dead person; I cannot get a birth certificate of a dead person without “Deceased” on it. (I’ve tried)

There is no evidence Barry Soetoro ever lawfully changed his name to “Barrack Hussein Obama”. There is no proof Barry Soetoro was born with the name "Barrack Hussein Obama". I’m willing to bet the name “Barrack Hussein Obama” is not present on the real birth certificate as Barry’s birth name or as Barry’s birth father. I have pictures of me with my mother and Jimmy Buffet… that doesn’t make him my father even if I start using the name Jimmy Buffet.

The public knows Barry Soetoro finished high school in Hawaii as Barry Soetoro and attended Occidental as Barry Soetoro where he did drugs and flunked out of school. After dropping out of Occidental, Barry showed up in New York, homeless and on drugs. (Barry’s own admission) Barry then hooked up with a Pakistani to live with and traveled back to Indonesia on his new boyfriend’s dime to renew his Indonesian passport and traveled to Pakistan with him.

Ask any law enforcement officer in a large city or detective and they will tell you homeless young men on drugs in large cities usually end up as male prostitutes.  Barry ended up as a world traveler with a degree… (Not likely)

Barry Soetoro returned to New York from Pakistan and began using the fictitious name “Obama” for some reason. (again Barry Soetoro’s own admission) One could only suspect that a person addicted to drugs returning from Pakistan to New York, the main route for Afghan heroin into the U.S., maybe Barry had a reason to start using a new name. There are literally over 1 million open warrants on file in New York… maybe Barry is one of them?....

After spending some time in New York allegedly working under the name “Obama”, It appears Barry used the fictitious name "Barrack Hussein Obama" for the first time to file his federal taxes in Connecticut at a Post Office Box for the purpose of evading paying taxes in New York and /or to establish a new identity. (This is a felony with no statute of limitation.)

When the IRS received Barry Soetoro’s federal tax filing, the IRS could not attach the name Barrack Hussein Obama to the SSI number provided or the address provided. So the IRS assigned the fictitious name "Barrack Hussein Obama" a tax ID number for a person from Connecticut (Where Barry unlawfully filed a federal tax form using a false name). Barry Soetoro began using the tax ID number as his SSI number when using the fictitious name Barrack Obama. This is why Barry Soetoro has a Connecticut SSI number. When I worked for the IRS, I saw this occur more than once and yes, it is a felony to knowingly file a fraudulent federal tax forms. Most of the politicians that cheat on their taxes claim it was an accident. That is how they get away with their tax cheat crimes. Using a fake name is no accident.

It appears Barry fled New York to Chicago using his new identity to get a job . He likely ordered a fake diploma to bolster his new identity as "Obama". Fake Diploma's were very big in the 80's and diploma mills were even being used by federal workers to get promotions. There is evidence his alleged attendance at Columbia was faked (Barry never attended Columbia) and Barry lied his way into Harvard (he had no transcripts to get in)... Including telling the Saudi royal family he was fighting in Afghanistan with the Muslim Jihad against the Russians, so they would help him get into a law school.


The Saudi's apparently loved Barry's story of Jihad in Pakistan/Afghanistan and paid for Barry to attend Harvard under the name "Obama". The Saudi family has admitted to paying for Obama to attend Harvard and gave Harvard a gift of $20 million dollars. Harvard in turn made their special attendy President of the law review a person that never wrote a single law review.... I guess that is what $20 million buys at Harvard.


It is unlikely Barry was a Jihadist and was most likely a drug mule if anything, maybe even a CIA street hire to haul Afghan heroin back to New York, so the Afghans could buy U.S. made stinger missiles with U.S. dollars to shoot down Russian helicopters?... I hired people over seas to do work below my pay grade all the time, even foreign nationals... I think this is the story Barry told the Saudi's, but he was most likely really just a drug mule/dealer and probably still wanted on an outstanding warrant in New York.

Barry’s selective service registration is not normal either…http://www.debbieschlussel.com/4428/exclusive-did-next-commander-in...

After I looked at Barry’s selective service filing I noticed it was most likely fraudulent too based on the name he used. Barry did not start using the name "Obama" until he returned from Pakistan (long after he flunked out of school in California) His selective service record (maintained in Chicago coincidentally) shows he registered at a Hawaiian post office as “Obama” in Sept 1980... Problem, Barry was getting high in California at Occidental in Sept 1980 (Barry's own admission) and was not using the fictitious name "Obama" at that time. Barry began using the fictitious name "Obama" only after he returned from Pakistan. The selective service filing is fraudulent.

NEW NOTE - On the the Selective Service Registration, Barry did not have the Connecticut Tax ID number he used on the Registration until after he began using the name "Obama" in New York. More evidence his Selective Service filing is fraudulent.


Barry returned to Chicago and attend a semi-christian radical black church with his first female love Michelle. Barry admits keeping in touch with Phil Boener, who traveled to New York from Occidental to be with Barry and was most likely Barry's first love.

Barry still could not get a real job, because he was still a fraud, even with his Harvard degree in hand he could lie and take the Bar exam, but he could not work as a lawyer for a major law firm without a back ground investigation and he would never pass one. So, Michelle got Barry a job at her law firm. Barry never filed a case alone and never filed a motion. He wrote lost of memos according to the law firm where Barry worked. (I think they know Barry is a fraud and don't want to be sued by previous clients) Barry rescinded his law licenses, so as not to be disbarred for fraud. The Bar knows Barry lied on his application. Michelle also had to turn over her law license for her involvement in corruption with the Chicago mayors office.

With time on his hands Barry, a well spoken black man, was able to get elected to a state office, oddly because he looked for fraud in his opponents voter registrations and got his opponent disqualified from running. Barry a well versed liar was a natural in state politics. He used his political influence to get himself a position as a lecturer at Chicago's law school. Barry embellished this position as a "professor of law" which everyone knows is completely false. Barry was not a professor or even a specialist at anything but lying.

On a whim Barry ran for United States Senate for the State of Illinois. Politicians do this all the time to make a name for themselves even if they can't win. At the time the Republican Ryan was a shoe in for the Senate seat, so no real Democrat contenders entered the race, but Barry did. On a fluke after the primary Ryan's wife Jeri Ryan (Seven of nine from Star Trek) went public that her husband was making her have sex with other people while he watched. Ryan dropped out and Alan Keys moved from Maryland to run against Barry Soetoro.


The election got all kinds of press because there was no blacks in the U.S. Senate and one of these black men was going to be a Senator. Alan Keys did his best to warn everyone Barry was not who he claimed to be, but the public saw him as a carpet bagger. Barry kept the lie going and presented himself as a clean black man that talked like a white man... Illinois elected Barry to U.S. Senate. The Democrats had already began scrubbing Barry's back ground when Ryan dropped out.

Phil, Barry's boy friend from Occidental, was found working in California as a communications specialist (receptionist) for a dental hygienist school and given a diploma from Columbia and cover story. The rest of Barry's drug friends were all given jobs or money by the Democrat machine to keep quiet.

Because Barry was such a news maker as the only Black in the Senate, and he could speak like a white man he was made key speaker for the Democrat convention. Barry then decided to run for President to keep the lie going. No one thought to question Barry's back ground in the Democrt party... They helped cover up the ugly back ground. The only person jumping up and down warning Barry was not who he claimed to be was Alan Keys and he was discarded as just an angry loser.

Now we have a complete fraud sitting in the Office of the President. Clearly the most corrupt, inexperienced, and ignorant President in the history of the United States who's only quality is that he can lie with a straight face.


Barry Soetoro is as much of a fraud as Bernie Madoff and his house of cards will soon fall down