Jamesb101.com

commentary on Politics and a little bit of everything else

The New Arizona Law is going to court……

They are lining up to fight this one….From the ACLU to maybe the Department of Justice…..

While the politician’s in Washington DC don’t want any part of the issue before November…

There are plenty of organizations that will be going after the upcoming law in Federal Court…..

Other action’s against similar bills in other states suggest that the law will hard to defend against challenges that it usurps the Federal Government’s primary function as the enforcer of Immigration law and policy….

The demonstrations against the law have begun also…..

As the furor over Arizona’s strict new immigration law escalates, immigrant advocates are preparing to move the fight to the courtroom, where their legal challenges have successfully sunk other high-profile laws against illegal migrants.

The American Civil Liberties Union, Mexican American Legal Defense and Educational Fund and the National Immigration Law Center are set to announce in Phoenix on Thursday plans to challenge the measure. U.S. Atty. Gen. Eric Holder said this week that he was considering a possible legal challenge to the law.

The law, which is set to take effect in midsummer, makes it a state crime for illegal migrants to be in Arizona, requires police to check for evidence of legal status and bars people from hiring or soliciting work off the streets.

The key legal issue, according to lawyers on both sides, will be one that also was at the center of the court fight over Proposition 187 in California — whether the state law interferes with the federal government’s duty to handle immigration.

The announcement of legal action, one of several expected as attorneys across the country scrutinize the law for weaknesses, comes after days of frantic e-mails, conference calls and lengthy strategy sessions. Attorneys haven’t finalized a date when a court challenge would be filed, but said it would be before the law takes effect.

“The entire country has been galvanized,” said Marielena Hincapie, executive director of the National Immigration Law Center. “People within the legal community are trying to figure out what we can do…. We have seen an enormous amount of energy responding to this.”

Attorneys who successfully challenged laws against illegal immigrants in California, Texas and elsewhere argue that the Arizona law faces a similar fate because of the federal/state issue. Immigrant advocates also argue that the law could violate guarantees of equal protection if selectively enforced against certain ethnic groups.

“The Arizona law is doomed to the dustbin of other unconstitutional efforts by local government to regulate immigration, which is a uniquely federal function,” said Peter Schey, a Los Angeles attorney who led successful challenges to the 1975 Texas law denying illegal migrant children free public schooling and the 1994 California initiative that would have barred public services to illegal migrants. Schey said he also planned to file a separate lawsuit.

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April 29, 2010 Posted by | Blogs, Breaking News, Counterpoints, Government, Law, Media, Men, Other Things, PoliticalDog Calls, Politics, Travel, Updates, Women | , , , | 5 Comments

The White House looks to reverse Attorney General Holder on the Terror Trials…….

Finally getting the message that although Presdient Obama made acampaign promise to try the Girmo 5 and others in civilan courts…the fact is Oabam is the president now…and that policy really doesn’t make too much sense is just needlessly pissing people off and giving the Republicans ammo to shot at them…..

While nice in theory …the practical thing is NOT parade these people in showroom trials that will become political not legal theatre…..

My suggestion…swallow hard…and come out and tell the world you’re keeping Gitmo open……

If you want to bring some of the lesser bad guys to the Michigan prison…do that…but there is absolutly no reaason to carry on with trial is Fedearl Corts in New Yrok City or elsewhere in the United States..leave the bad guys on Castro’s Cubian island……

Here’s the piece……

The president’s advisers feel increasingly hemmed in bybipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said. While Obama has favored trying some terrorism suspects in civilian courts as a symbol of U.S. commitment to the rule of law, critics have said military tribunals are the appropriate venue for those accused of attacking the United States.

If Obama accepts the likely recommendation of his advisers, the White House may be able to secure from Congress the funding and legal authority it needs to close the U.S. military prison at Guantanamo Bay, Cuba, and replace it with a facility within the United States. The administration has failed to meet a self-imposed one-year deadline to close Guantanamo.

The administration officials, who spoke on the condition of anonymity to discuss internal deliberations, said the president’s legal advisers are finalizing their review of the cases of Mohammed and four alleged co-conspirators. Asked about the process, White House press secretaryRobert Gibbs said that “no decisions have been made.”

Privately, administration officials are bracing for the ire of disappointed liberals and even some government lawyers should the administration back away from promises to use civilian courts to adjudicate the cases of some of the 188 detainees who remain at Guantanamo.

‘A sad day’

Marine Col. Jeffrey Colwell, acting chief defense counsel at the Defense Department’s Office of Military Commissions, said it would be a “sad day for the rule of law” if Obama decides not to proceed with a federal trial. “I thought the decision where to put people on trial — whether federal court or military commissions — was based on what was right, not what is politically advantageous,” Colwell said.

More………

March 5, 2010 Posted by | Breaking News, Counterpoints, Crime, Government, Law, Media, Military, Other Things, PoliticalDog Calls, Politics, September 11, Updates | , , , , , , | 7 Comments

Will the Gitmo Five be tried in NYC…or not?……

For the past few days the media has proclaimed that the trials will be moved from the Federal CourtHouse in downtown New York City….This possoble move….as everything since the ‘Scott Brown effectr’ kicked in may have a political side to it……

The Hill…the Paper and website has a piece out today saying the White House STILL wants the trial held in New York…..

If one goes back and carefully checks all the media stories one will find that the United States Department of Justice has not indicated in any way shape or form the trial will actually be moved……

You will see all sorts of quotes…from unnamed sources….but no…..”we will move the trial”….from anyone…..

And I think that’s because the political thing has kicked in at the White House…not Justice……someone in one the meetings on this ….has pushed back and surely said…..’the Mayor of the City of New York doesn’t tell the Federal Government what to do…and when…’

and of course…that’s correct…..and judging by the two links I’ve provided in this piece…..the feelings are divided……

Sure businesses are going to lose money…and downtown New York is gonna be locked down…..but alot of people also want the trials to go on…in the City so that they can see the results ……

My guess is they will probably go somewhere else…..

But you never know…..

The political side might just say…..We’re the government and WE decide where we do this…….

Link……

Link……

January 31, 2010 Posted by | Breaking News, Government, Law, Media, Men, Military, Other Things, PoliticalDogs Merlin, Politics, September 11, The Economy, Travel, Updates | , , , , | Leave a comment

Congress wants the Justice Department to get involved in the College Football BCS Championship System….

The Department of Justice is contemplating a wide variety of actions intended to reform the current college football championship system, according to a letter made public Friday.

The letter, sent in response to a request by Sen. Orrin Hatch (R-Utah), says that the Justice department is still determining whether or not to open a formal investigation into the Bowl Championship Series (BCS).

“The Department of Justice is reviewing your letter as well as other materials to determine whether to open an investigation into the legality of the current system under the antitrust laws,” wrote Assistant Attorney General Ronald Weich. “Importantly, and in addition, the administration also is exploring other options that might be available to address concerns with the college football post-season.”

Hatch is a long-time opponent of the BCS and requested that the Justice department open an investigation into the BCS last October. The Utah senator’s office released the letter Friday evening.

Weich did not say if an investigation will be opened, rather he layed out a variety of options the administration and Congress could take to reform or break apart the BCS.

Opponents of the BCS, a group that includes several members of Congress, say that the system is unfair to the five smaller BCS conferences that receive less bowl revenue and automatic bids to the four BCS bowls.

They say that because of this, it is almost impossible for “mid-major” colleges to play for the national championship (a group that has included several undefeated teams over the past several years, including Hatch’s home state Utah Utes in 2008). Thus, opponents contend that the BCS is a oligopoly intended to benefit large athletic conferences.

Note:…..This is the second warning to College Football to change the sytem…The Dog did a post on the first warning, which the BCS didn’t understand …or failed to accept as serious….The current Bowl system is going be changed…..sooner of later…the best thing is get ahead of the ball and start moving so that teh Justice Departmenet doesn’t end up written the new system with a judge……

Stay tuned…… this is going to get REALY INTERESTING…….

January 29, 2010 Posted by | Breaking News, Education, Entertainment, Family, Government, Law, Media, Men, PoliticalDog Calls, Politics, Sports, Updates | , , , | Leave a comment