INVASION: Texas Attorney General Paxton
(Part 1) Obama Administration Orchestrates Unconstitutional Border Crisis
written by Patriots in Texas
Over the last hundred and fifty years, it has become increasingly obvious the government of America has cultivated itself beyond the limitations set-forth in the Constitution. It may be not understated to suggest the government – at every level and branch – grew into a giant of epic proportions eliciting tyranny upon the uneducated citizens that reside under its foot. The Constitution was intended to restrain the government:
What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established…it contains the permanent will of the people, and is the supreme law of the land; it is paramount to the power of the Legislature, and can be revoked or altered only by the authority that made it… The Constitution is the work or will of the People themselves, in their original, sovereign, and unlimited capacity. Law is the work or will of the Legislature in their derivative and subordinate capacity. The one is the work of the Creator, and the other of the Creature…the Constitution is the sun of the political system, around which all Legislative, Executive and Judicial bodies must revolve.
Vanhorne v. Dorrance, 2 U.S. 304 (1795).
One issue America's Founders were concerned about invasion. It was mentioned it four times in the Constitution, though the term was never explicitly defined.
Article I, Section 8, Paragraph 15: The Congress shall have the Power (to) provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Article I, Section 9, Paragraph 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public Safety may require it.
Article I, Section 10, Paragraph 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article IV, Section 4, Paragraph 1: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Border Invasion Initiated
Under the guise of foreign and immigration policies, America’s government has usurped the Constitutional provisions against invasions as they have ushered in waves illegal immigrants– where the native citizens of this country receive excessively increased taxation in order to fund their illegal operations.
In particular, on June 15, 2012, President Barack Obama announced that his administration would stop deporting undocumented immigrants who match certain criteria included in the proposed DREAM Act.1 On August 15, 2012, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications under the Obama administration's new Deferred Action for Childhood Arrivals (DACA) program. Thousands applied for the new program.2 Because DACA was designed in large measure to address the immigration status of the same people as the DREAM Act, the two programs are often debated together, with some making little distinction between them and others focusing on the difference between the DREAM Act's legislative approach in contrast to the implementation of DACA through executive action.3 (Wikipedia).
During 2014, Obama announced a 10-point executive action plan for immigration4:
1. Young undocumented immigrants would be offered reprieve from deportation, expanding on the “Dream Act.” That is the June 2012 amnesty for anyone who came to the U.S. as children. The new regulation would extend the age of entrance to age 16 and change the cut-off from June 2007 to January 1, 2010, opening options for an additional 300,000 undocumented immigrants.
2. Parents of young undocumented immigrants would be offered additional reprieve, with the stipulations of having been in the U.S. for over five years and having children who are either legal permanent residents or U.S. citizens. This would open the door for an additional 4.5 million undocumented immigrant adults.
3. Serious criminals would have expedited deportations. This would pinpoint anyone considered to be a threat, including gang members.
4. The ‘Secure Communities’ program would be discontinued and replaced with a different one. This program has been controversial because it allows the FBI to take fingerprint information from local jails and check it against databases of the Immigration and Customs Enforcement (ICE).
5. Increase salaries of ICE officers. The reason behind this is to boost the morale of these employees. It is unclear how this would affect the interface between the administration’s immigration policies and those of ICE union employees.
6. Increase visas for high-tech immigrants. The purpose behind this would be to support U.S. businesses through the hiring of international professionals. The outcome would be a path to citizenship for an additional 500,000 immigrants.
7. Strengthen border security. Additional resources would be committed to the border that the U.S. shares with Mexico to respond more swiftly to traffic of undocumented people. This is in direct response to the over 90,000 unaccompanied minors who crossed the border from Central America this summer.
8. Expand waivers to undocumented spouses and children of legal permanent U.S. residents. This program was announced in January 2013. The program would be expanded, allowing them to remain in the U.S.
9. Expand ‘parole’ for immigrant relatives and spouses of U.S. military. This allows undocumented family members of the military to “remain on parole” if they are already here in the U.S. The expansion would include undocumented immigrants whose children are U.S. citizens.
10. Reduce fees for naturalization by half. This would reduce the cost of $680 by 50 percent for the first 10,000 who apply through the U.S. Department of Homeland Security (DHS).
“For we are opposed around the world by a monolithic and ruthless conspiracy that relies primarily on covert means for expanding its sphere of influence -- on infiltration instead of invasion, on subversion instead of elections, on intimidation instead of free choice, on guerrillas by night instead of armies by day. It is a system which has conscripted vast human and material resources into the building of a tightly knit, highly efficient machine that combines military, diplomatic, intelligence, economic, scientific and political operations. Its preparations are concealed, not published. Its mistakes are buried, not headlined. Its dissenters are silenced, not praised. No expenditure is questioned, no rumor is printed, no secret is revealed. It conducts the Cold War, in short, with a war-time discipline no democracy would ever hope or wish to match.”
John F. Kennedy
Unafraid Of A Fight
Back in Texas, while the state was gearing up for another election season, the Texas Tribune exposes that then-state senator and attorney general candidate Ken Paxton was paid for soliciting clients for an investment firm but wasn't registered with a state board.5
State Sen. Ken Paxton, the leading Republican candidate for attorney general, has launched an internal review of his disclosures to state regulatory authorities and the Texas Ethics Commission to determine whether he violated any laws by failing to report several business and professional relationships.
Paxton launched the review after The Texas Tribune obtained 2006 letters showing the McKinney lawmaker was being paid to solicit clients for a North Texas financial services firm at a time when he was not registered with the State Securities Board. Registration in such circumstances is typically required. Nor did Paxton ever reveal his solicitor work on the employment history section of his personal financial statements, which must be filed regularly with the Texas Ethics Commission.
Also missing from his ethics filings is any disclosure of his service on the boards of at least a half-dozen nonprofit corporations, the Tribune investigation found. Ethics laws require legislators to reveal service on corporate boards, including nonprofit ones.
And typical to the Rules-For-Thee-Not-For-Me Scenario, Paxton was reprimanded and required to pay $1000 fine.6 Ultimately, he was selected to become the Texas Attorney General.
January 05, 2015
Ken Paxton Sworn in as Texas' 51st Attorney General
Attorney General Ken Paxton today took the oath of office, becoming Texas's 51st Attorney General. Gov. Rick Perry, Lt. Gov. David Dewhurst, U.S. Senator Ted Cruz, Gov.-Elect Greg Abbott, Senator and Lt. Gov.-Elect Dan Patrick and Justice Don Willett took part in the ceremony.
"I am enthusiastic and humbled to be Attorney General of this great state,” General Paxton said. “I can't help but proclaim one inalienable fact: There has never been a better time to be a Texan.”
Taking the oath of office in the Texas Senate Chamber in front of hundreds of Texans and surrounded by his family, General Paxton underscored that serving in the Office of the Attorney General is a sacred calling.
He emphasized the strength of Texas communities, built upon faith, family, and the basic conservative, common-sense principles Texans have always valued. He also noted that Texas enjoys a time of prosperity other states only dream of.
"We must be vigilant, and stand our ground, guarding against the complacency that could erode everything that we've worked so hard to build," Attorney General Paxton said. "We will remain steadfast in our dedication to principles and values that have made Texas great."
In closing, General Paxton reminded everyone, “We stand on the side of right and we will never stop fighting to protect this state and the people who proudly call it home.”
As the new Attorney General, Ken Paxton appeared to take action immediately to circumvent the illegal actions of Obama. In a statement before a U.S. district court on January 15, 2015, AG Paxton led a coalition of 25 states against Obama’s amnesty policy on immigration:
"No individual is above the law, not even the President of the United States. President Obama's brazenly lawless action in November trampled on the U.S. Constitution. It is a clear violation of the Take Care Clause and federal statutory law. As the President himself had repeatedly admitted, he lacks the authority to impose this unilateral amnesty. The President's action makes clear that he has decided that the rule of law no longer applies to his Administration. President Obama's action violates the separation of powers and goes beyond prosecutorial discretion to the point of unilaterally creating and enforcing legislation - bypassing the people's duly-elected representatives in Congress entirely."
Other states joining Texas in the lawsuit were: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, Wisconsin.
On February 16, 2015, federal judge in the Southern District of Texas enjoined in full President Obama’s unilateral November 2014 immigration action. Exerts from the ruling are below:
"[T]he States assert that the Government has abandoned its duty to enforce the law. This assertion cannot be disputed."
“Non-enforcement does not entail refusing to remove these individuals as required by the law and then providing three years of immunity from that law, legal presence status, plus any benefits that may accompany legal presence under current regulations."
“DAPA does not represent mere inadequacy; it is complete abdication. The DHS does have discretion in the manner in which it chooses to fulfill the expressed will of Congress. It cannot, however, enact a program whereby it not only ignores the dictates of Congress, but actively acts to thwart them."
"The DHS Secretary is not just rewriting the laws; he is creating them from scratch.”
"The Court finds Defendants' labeling [of the action as a guidance policy] disingenuous and, as discussed below, contrary to the substance of DAPA."
"[T]here are millions of dollars at stake in the form of unrecoverable costs to the States if DAPA is implemented and later found unlawful in terms of infrastructure and personnel to handle the influx of applications."
"This genie would be impossible to put back into the bottle."
"This Court finds that, directly interested or not, the public interest factor that weighs the heaviest is ensuring that actions of the Executive Branch (and within it, the DHS – one of the nation's most important law enforcement agencies) comply with this country's laws and its Constitution.”
However, because of the importance of their policy, the federal government will seek a stay against the court’s enjoinment. Ken Paxton weighed in, “The attempts by the Obama Administration to circumvent Congress and change federal immigration law by executive action were properly stayed by a federal court. The court’s order prevents the Obama Administration from spending taxpayer dollars and taking major steps that would substantially harm Texas and would be difficult, if not impossible, to reverse. We will continue to oppose attempts by the Obama Administration to implement its executive amnesty scheme that undermines the rule of law, mocks the principles of democracy, and defies the U.S. Constitution.” February 23, 2015.
Vice-president Joe Biden opened a three-day White House conference on countering violent extremism by highlighting America’s history of assimilating immigrants.7 At the summit Biden is reported to say:
“The wave [of immigrants] still continues. It’s not going to stop, nor should we want it to stop. As a matter of fact, it’s one of the things, I think, we can be most proud of…
[We want] an unrelenting stream of immigration. Non-stop. Non-stop. Folks like me who were Caucasian, of European descent, for the first time in 2017 we’ll be in an absolute minority in the United States of America. Absolute minority. Fewer than 50 per cent of the people in America, from then and on, will be white European stock. That’s not a bad thing. That’s the source of our strength.”8
On February 25, 2015, Paxton was joined by Nebraska Attorney General, Doug Peterson, in a discussion on the case against Obama’s illegal amnesty at the Heritage Foundation.
"The President of the United States is attempting to end-run Congress to impose and implement his own immigration laws. That's not at all what the country is all about. Our country was founded on the separation of powers, three branches of government each performing their duties as best they can, working in tandem to make a better country for us all.
“The question before us is whether any President should have the authority to circumvent Congress whenever a legislative battle proves too challenging. Texas, and 25 other states, have come together to say with one voice, that this is fundamentally wrong and entirely unacceptable.
"In any system of government, the rule of law is what stands between freedom and tyranny and we can't afford to waver in its defense." General Paxton said.
The 26-state coalition led by Texas Attorney General filed their response to in the case against Obama amnesty for illegal immigrants. March 3, 2015.9
On March 5, 2015, the Texas Attorney General's Office motioned for discovery as they learned the Obama Administration already issued tens of thousands of expanded work permits today filed a motion for discovery after the Obama Administration admitted that tens of thousands of expanded work permits to illegal immigrants, in contradiction to the facts the administration presented in U.S. federal court.10
The U.S. District Court for the Southern District of Texas that found that the Obama Administration misled the court regarding early implementation of expanded work permits to illegal immigrants. The judge also denied the Administration’s request to immediately implement executive amnesty and granted the Attorney Generals limited discovery in the case. Ken Paxton released a press statement on April 8, 2015:
"The Obama Administration's blatant misrepresentations to the court about its implementation of expanded work permits for illegal immigrants under the President's lawless amnesty plan reflects a pattern of disrespect for the rule of law in America," said Attorney General Ken Paxton. "As the judge has affirmed, once put into effect, President Obama's executive amnesty program will be virtually impossible to reverse. Any premature implementation could have serious consequences, inflicting irreparable harm on our state, and this ruling is key in determining the extent to which the federal government did not present the full truth in this case."
Comments from the order of the judge:
"Whether by ignorance, omission, purposeful misdirection, or because they were misled by their clients, the attorneys for the Government misrepresented the facts."
“2012 DACA only provided for two-year terms for both original applications and renewal applications. If 108,081 individuals received renewals for three-year terms, those renewals could only have been granted pursuant to the 2014 DHS Directive (containing the revised DACA), which is the very Directive at issue in this case."
"Despite having had almost a week to disclose the truth - or correct any omission, misunderstanding, confusion or misrepresentation - the Government did not act promptly; instead it again did nothing.” "Regardless, by their own admission, the Government's lawyers knew about it at least as of February 17, 2015. Yet, they stood silent. Even worse, they urged this Court to rule before disclosing that the Government had already issued 108,081 three-year renewals under the 2014 DACA amendments despite their statements to the contrary." [Emphasis in the original.]
"Even under the most charitable interpretation of these circumstances, and based solely upon what counsel for the Government told the Court, the Government knew its representations had created 'confusion,' but kept quiet about it for two weeks while simultaneously pressing this Court to rule on the merits of its motion.”
"The Government did anything but act 'promptly' to clarify the Government-created 'confusion.’”
The Attorney Generals filed a Supplemental Brief in preparation for oral arguments set on April 17, 2015.11 Again, Paxton defended their work to the public on April 17, 2015, stating:
"At the very core of our republic is the separation of powers, preventing the supremacy of one branch over another and balancing the bodies of government to the benefit of the people it serves,” Texas Attorney General Ken Paxton said. “The executive branch is bound by our legal system and U.S. Constitution – it cannot simply create new laws unilaterally. The Obama Administration defied this foundational principle when it bypassed our elected leaders to re-write national immigration policy, granting federal and state benefits to law-breaking immigrants, and when it misled a federal judge over the premature implementation of executive amnesty. The rule of law matters, and we are confident in our arguments before the Fifth Circuit today as we continue to defend our citizens against President Obama's unconstitutional amnesty plan.”
President Obama's executive amnesty program would grant legal status to individuals who are unlawfully in this country, making them eligible for benefits under federal and state programs. These benefits include work permits, tax credits, Social Security, Medicare, driver's licenses, unemployment insurance and the right to international travel. The states would also be compelled to fund additional education, health care and law enforcement costs regarding more than 4 million illegal immigrants.
With the federal government appealing the preliminary injunction to the U.S. Fifth Circuit of Appeals, Paxton issued another statement as the Attorney Generals filed their brief May 4, 2015.12 The district judge had already granted Texas’ request to compel the federal government to produce documents revealing who was involved in its misrepresentations over the issuance of expanded work permits. The Obama Administration, however, withheld virtually all of those documents from the states. Since then, the federal government has admitted to violating the district court's order against implementing expanded executive amnesty, admitting to the judge that 2,000 more individuals were prematurely granted expanded work permits.13 Paxton states:
"Ignoring Congress in rewriting immigration law, contradicting the President's own statements that the Executive lacked the power to do so, and misleading a federal court – not once, but multiple times – the Obama Administration has established a pattern of renegade behavior making it clear it sees itself entirely above the rule of law. We will continue to fight back against this lawless behavior to prevent the implementation of this amnesty plan, which sets a dangerous precedent and would have disastrous consequences for Texas and every other state in America.”
On May 26, 2015, the U.S. Court of Appeals for the Fifth Circuit denied the Obama Administration’s request to begin implementing the president’s illegal amnesty plan after a federal judge halted the program in a Feb. 16 ruling.
Taking a Stand in Texas
During the first six months that he became Texas Attorney General, Paxton initiated fights for Texans on several fronts including: marriage, clean air and water against the EPA, ObamaCare, deceptive trade practices, diploma mills, RadioShack, and online scams.
However, like an eerie ghost waiting for the right time to haunt it’s unsuspecting victim, the past possesses a mysterious ability to resurface with a reckoning at it’s hind quarters. Remember the securities fraud in 2014? Back then, A left-leaning group had asked the Travis County District Attorney to investigate, but the DA chose to wait until after the November election.
Paxton won the election for Attorney General, and the Travis County DA transfers the case over to Dallas and Collin counties, which is where the alleged crimes occurred.
While the statute of limitations almost expiring, the Collin County District Attorney recuses himself because of his relationship with Paxton. The Texas Rangers and independent special prosecutors take over the investigation and present it to a grand jury.
On July 28, 2015, Paxton is indicted.14
Paxton kicked off his first six months in office with a bang…in such a way to make any deep-state, establishment player shiver.
…unlike when Governor Rick Perry smiled for his mugshot last year, Republicans are not rushing to Paxton’s defense.
A day after news broke that a grand jury had indicted Paxton on felony securities fraud charges, Governor Greg Abbott, Perry’s successor who was Texas attorney general for 12 years, remained silent. So did GOP presidential candidate and US senator Ted Cruz, who in 2014 praised Paxton, a like-minded Tea Party favourite.
Other Texas GOP leaders also kept to themselves about Paxton, who is expected to turn himself in on Monday near his home in suburban Dallas. Attorney Joe Kendall said in a brief statement late on Saturday that he and Paxton would honour a judge’s instructions to not publicly comment.15
Betrayal
Article 1 of the US Constitution grants congress the power to call forth the Militia to “repeal invasions” and they have failed to do so for the citizens of our nation. Texas has endured much trouble. Is US congress guilty of dereliction of duty for their failure to hold to the Constitution? Are they even duly elected?
Will former President Obama, face charges of treason for the failure to defend US sovereignty and aiding foreign nations? Article IV, Section 4, Paragraph 1 of the US Constitution declares “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.” Impeachment will nullify his actions #Impeach44.
As the invasion continues to overwhelm this country… this is just the beginning of Ken Paxton’s legal challenges.16 Because he has taken action to defend the citizens of Texas and all of the United States in so many challenges, Kenneth Warren Paxon jr. is America’s Attorney General.
Sources
1 Cohen, Tom (June 16, 2012). "Obama administration to stop deporting some young undocumented immigrants". CNN. Retrieved June 15, 2012.
2 "Thousands of 'Dreamers' line up to apply for deferral program". NBC News. August 15, 2012. Retrieved August 27, 2012.
3 Cohen, Tom (August 24, 2012). "Immigration lawsuit revives DREAM Act debate". CNN. Retrieved September 3, 2012.
4 Fern Remedi-Brown (November 14, 2014). Obama Immigration Plan: 10 Executive Orders – Can They Be Passed? Guardian Liberty Voice. https://guardianlv.com/2014/11/obama-immigration-plan-10-executive-orders-can-they-be-passed/
5 Jay Root (April 21, 2014). Paxton Campaign Reviewing Lapses in Business Disclosure. Texas Tribune. https://www.texastribune.org/2014/04/21/paxton-campaign-reviewing-disclosure-lapses/
6 Jay Root (May 2, 2014). Paxton Violated Securities Law, Gets Reprimand. Texas Tribune. https://www.texastribune.org/2014/05/02/paxton-violated-securities-law-gets-reprimand/
7 @RobertsDan. February 17, 2015. Joe Biden: US is 'a lot more experienced' countering violent extremism. The Guardian.
8 Joe Biden: “Whites will be an ABSOLUTE minority in America - that’s a source of our strength."
9 OPPOSITION TO DEFENDANTS’ MOTION TO STAY PENDING APPEAL THE COURT’S FEBRUARY 16, 2015 ORDER OF PRELIMINARY INJUNCTION.
10 Motion for Early Discovery. https://www.texasattorneygeneral.gov/sites/default/files/files/press/motion_for_early_discovery_3-5-2015.pdf
11 Supplemental Brief. https://www.texasattorneygeneral.gov/sites/default/files/files/press/Pltfs%20Supplemental%20Stay%20Opp%20Br%204%2014%202015.pdf
12 Brief for Appellees. https://www.texasattorneygeneral.gov/sites/default/files/files/press/Brief%20for%20Appellees.pdf
13 PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MAY 7 ADVISORY AND RELATED SUBMISSION OF MATERIALS. https://www.texasattorneygeneral.gov/sites/default/files/files/press/Texas_Response_5-20-2015.pdf
14 Collin County. Judicial Search. https://apps2.collincountytx.gov/JudicialRecords/Search/SearchResult?Length=6
15 Betsy Reed (August 2, 2015). Republicans quiet as Texas attorney general indicted on felony fraud charges. The Guardian. https://www.theguardian.com/us-news/2015/aug/02/texas-attorney-general-ken-paxton-indicted-felony-fraud
16 Quotes from Paxton taken from Texas Attorney General press releases.