April 9, 2015
Breitbart -- April 8, 2015
Texas Federal Judge Accuses DOJ and DHS of Deceiving Court: Orders Full Disclosure of Documents
Judge Andrew Hanen has issued a scathing written rebuke directed at government lawyers and the Department of Homeland Security (DHS) for their misrepresentations made in the case filed against President Obama's executive amnesty plan. He has ordered the Government to produce related documents by April 21st. He also warned the government against destroying any of this evidence.
Hanen is the federal district judge in Brownsville, Texas, who denied the U.S. Government's request to remove the block of Obama's amnesty plan on Tuesday.
Texas and 25 other states (Plaintiff “States”) filed a motion asking for early discovery asserting that federal lawyers and officials of the DHS made misrepresentations to the Court. These misrepresentations related to Obama Administration executive actions extending from two to three years, the period of work permits and quasi-legal status granted to individuals under the President's 2012 Deferred Action for Childhood Arrivals program (DACA). [...]
The judge wrote “the Court is extremely troubled by the multiple representations made by the Government's counsel --- both in writing and orally --- that no action would be taken pursuant to the 2014 DHS Directive until February 18, 2015.” He stated it was clear “that the States were seeking to enjoin ‘the series of executive actions that were taken on November 20, 2014,' which would obviously include the revision to DACA increasing DACA's term from two to three years, effective November 24, 2015 (as expressly provided for in the 2014 DHS Directive).”
He found that “Whether by ignorance, omission, purposeful misdirection, or because they were misled by their clients, the attorneys for the Government misrepresented the facts.”
The Court found “The explanation by Defendants' counsel for their conduct after the fact is even more troublesome for the Court.” The judge noted defense counsel told the Court that she was unaware that the 2014 DACA amendments were at issue until she read the Court's February 16, 2015 orders and opinion.
The Government told the Court it took “‘prompt' remedial action” but Judge Hanen opined “This assertion is belied by the facts.”