That’s how the Washington Post frames it, at least:
In the legal battle over Arizona’s new immigration law, an ironic subtext has emerged: whether a Bush-era legal opinion complicates a potential Obama administration lawsuit against Arizona.
The document, written in 2002 by the Justice Department’s Office of Legal Counsel, concluded that state police officers have “inherent power” to arrest undocumented immigrants for violating federal law. It was issued by Jay S. Bybee, who also helped write controversial memos from the same era that sanctioned harsh interrogation of terrorism suspects.
The author of the Arizona law — which has drawn strong opposition from top Obama administration officials — has cited the authority granted in the 2002 memo as a basis for the legislation. The Obama administration has not withdrawn the memo, and some backers of the Arizona law said Monday that because it remains in place, a Justice Department lawsuit against Arizona would be awkward at best.
“The Justice Department’s official position as of now is that local law enforcement has the inherent authority to enforce federal immigration law,” said Robert Driscoll, a former Justice Department Civil Rights Division official in the George W. Bush administration who represents an Arizona sheriff known for aggressive immigration enforcement. “How can you blame someone for exercising authority that the department says they have?”
You’ll note that when the Post isn’t tripping all over itself trying to excuse the Obama administration (the tension between the adminstration’s stated position and their legal position is “ironic” and a “subtext”; the text of the prevailing policy memo was written by a would-be torture advocate tied to Bush; an Arizona sheriff is known not for his aggressive pursuit of illegal immigrants, but rather for his “aggressive immigration enforcement,” etc.), it eventually gets to the crux of the matter: Obama’s DOJ hasn’t pulled the memo in the 16 months Obama has been in office — suggesting either that the administration is in agreement with the policy position, or else that they read policy papers about as closely as they read their own legislation before rushing it through with no partisan support and then taking ill-advised victory laps.
Writes Ed Morrissey:
Eric Holder has been AG for almost as long, being one of the first Cabinet members confirmed by the Senate after Obama assumed office. During the transition, both men promised to “hit the ground running,” which should have meant a review of policy positions across the board. Immigration reform was a key agenda item for Obama and the Democrats — and yet no one at the DoJ or the White House apparently thought to withdraw this memo. That speaks volumes about competence.
One reason the memo remains in place is because it’s just common sense. The federal government works with state and local authorities to enforce federal law in other areas, especially on drugs, for example. The same applies to immigration violations when police already have detained a person for probable cause on another potential crime, as the law (now) stipulates. Unless we’re prepared to fund a massive federal police agency with officers in every town in America, the federal government needs to have state and local authorities helping to enforce federal laws — even the laws that the Obama administration doesn’t want to enforce. Especially those laws.
Well, that seems to suggest that the federal government under King Obama has an interest in delegating authority.
Which is funny when attributed to an administration that owns car companies and has placed itself in charge of banks and health care providers.
(h/t Joe)
By “hit the ground running” they meant “pursue our progressive agenda immediately upon entering office.”
Jeff, I keep telling ya to pen up the beast, but no you wouldn’t listen:
http://www.kcci.com/news/23592313/detail.html
OT: Jeff – I was over at Ace. The little armored guy wasn’t heading to Iowa by any chance – was he?
“Andrews said the animal also could have been captured, brought to Iowa and dumped.”
Is Jeff’s armadillo settling some old scores?
The delightful thing about the memo is that if they pull it, it looks extra-super clumsy and I can’t wait to hear the explanation for why so long… “BOOOSH!?” Combine that with the wilful ignorance of the actual AZ law, and refusal to read it and I’m thinking I should go back into practice and take on the DoJ wherever possible. It would be easy meat.
The fact that the MSM doesn’t openly mock the Attorney General and Head of DHS for criticizing a law both have admitted to not even reading tells you everything you need to know about the state of our press as well as the executive branch of our Federal government.
Oops. Always read the contract before you sign.
Then again, you should also read the contract after you sign. You know, just in case you might have missed something.
Then again, operating and making grandiose pronouncements without all the information is a hallmark of the Obama administration, no?
They missed the memo because the WH are too busy harassing Glenn Beck’s sponsors.
Quoth Beck:
“…I’m thinking I should go back into practice and take on the DoJ wherever possible. It would be easy meat.”
TASTY easy meat, LTC John. Minimal spicing required.
“Weiner assault”… it’s just fun to say.
And it’d be a fine name for a band.
Su-weeeet!
Gary Pierce, Arizona Corporation Commission, to Antonio Villaraigosa, L.A. mayor:Dear Mayor Villaraigosa,
I was dismayed to learn that the Los Angeles City Council voted to boycott Arizona and Arizona-based companies — a vote you strongly supported — to show opposition to SB 1070 (Support our Law Enforcement and Safe Neighborhoods Act).
You explained your support of the boycott as follows: “While we recognize that as neighbors, we share resources and ties with the State of Arizona that may be difficult to sever, our goal is not to hurt the local economy of Los Angeles, but to impact the economy of Arizona. Our intent is to use our dollars — or the withholding of our dollars — to send a message.” (emphasis by GP)
I received your message; please receive mine. As a state-wide elected member of the Arizona Corporation Commission overseeing Arizona’s electric and water utilities, I too am keenly aware of the “resources and ties” we share with the City of Los Angeles. In fact, approximately twenty-five percent of the electricity consumed in Los Angeles is generated by power plants in Arizona.
If an economic boycott is truly what you desire, I will be happy to encourage Arizona utilities to renegotiate your power agreements so Los Angeles no longer receives any power from Arizona-based generation. I am confident that Arizona’s utilities would be happy to take those electrons off your hands. If, however, you find that the City Council lacks the strength of its convictions to turn off the lights in Los Angeles and boycott Arizona power, please reconsider the wisdom of attempting to harm Arizona’s economy.
People of goodwill can disagree over the merits of SB 1070. A state-wide economic boycott of Arizona is not a message sent in goodwill.
Sincerely,
Commissioner Gary Pierce
Kudos, Mr. Pierce – that’s some ball-dippingly-good “back-atcha” right there.
(Now, where’d I leave that pudding…)
BTW…….where’s happyfeet? You’d think he’s be all over Obama for sending the wrong message to a bloc of potential voters.
I said that he was not bringing anything to the conversation and suggested he leave, so he did. I have that kind of power over others.
FEAR ME!!!!
If you’re not careful, I’ll suggest you leave. Then what will you do?
Oh. happyfeets left? When’d that happen?
I mean: not as if it’s a big surprise or anything. It’s almost as if he wanted to antagonize everyone and then have us thank him for it, or something.
I love living in my state. Failstate racists who have a firm sack-hold on the mouthy haters in Los Angeles.
Wait, does catch-wrestling have a “sack hold?” Maybe Pierce reads this site and learned it… If he didn’t learn it here at PW, well, we’re pretty creative out here in Failstate Arizona. We would have discovered it eventually. After all, we did make the left shit the bed merely by suggesting that the law be enforced, and then deciding to do just that.
*fistpump*
happyfeet was deported with some illegal buds
Shorter: Gary Pierce, Arizona Corporation Commission, to Antonio Villaraigosa, L.A. mayor:Dear Mayor Villaraigosa,
EAT ME!
I’ll be in my bunk.
The attack on the author tells me that they have nothing – nothing – to attack the legal analysis in the memo. So like the Obama Administration to open its mouth and then find out (“nevermind”) that they aren’t folowing published precendent.
Sweet Jesus on a Crutch! Have any of these Ivy League brains done any work on any thing, thought about any thing, since they got accepted to their universities? Have they all just used their sheepskin as a magic carpet to a world of power and postion based on nepotism from school and family?
And I do know that my questions were rhetorical and the answers were ‘yes’.
The more I think about it, the more I am starting to agree – Attila had a point, and razing the Ivy League to the ground would be a good start. Searching down its whelps where ever they have dug in and rooting them out would be a good follow up.
In Michigan, in the absence of a court decision, an Attorney General opinion on a law receives some deference. I would be surprised if the federal government operates differently.
[…] Protein Wisdom: Obama’s DOJ hasn’t pulled the memo in the 16 months Obama has been in office — suggesting either that the administration is in agreement with the policy position, or else that they read policy papers about as closely as they read their own legislation. […]
nah too pol pot, expose the grifter nation that is “ivy” league
The Constitution is clear on this one. Congress may step in at any point and determine what role state law enforcement may play in enforcing immigration law. They have not.
I’m not giving Obama, Holder, or the DOJ a pass on any of this though. Until Congress does something to make it stick the ball is in their court.
Anybody have a link to something on this with details?
@24 the international left doesn’t like this:
link
@24
beck 5/18 social justice
no proggs should go to hell where they belong.
are the faggots attacking the youth “catholic”? only in progg world.
allan proggs be evil losers
I’m afraid I lack the vocabulary to express the derision that Obama, et al., merit.
If you’re not careful, I’ll suggest you leave. Then what will you do?
I’ll hire a certain armadillo as a body guard. If I can pry him away from his cheap gin and those transvestite hookers from ‘Frisco.
You’ll need quite the large crowbar to do that task, my friend. Brobdingnagian is the size I would choose. Then again, I hear SEIU is fairly careless with their thugs, perhaps you could inquire within. I hear their price is cheap, a mere trifle; your soul and honor. Many would consider that a bargain. Not myself, of course, but there are many who do.
Beck: And he has merged it with the EPA. And if your church gets on board and helps sell cap-and-trade and global warming, it will be easier for your church to get loans.
B Moe: Anybody have a link to something on this with details?
Well, you can start with the President’s Advisory Council on Faith-Based and Neighborhood Partnerships A New Era of Partnerships: Report of Recommendations to the President from the whitehouse.gov site (PDF).
Then go to page 56 and read the recommendations from the Energy Efficiency and Green Jobs section.
This item is elucidated on the next page thus:
That rotten Glenn Beck. Always using the Oministration’s words against it.
Given that Pelosi has been urging Catholic bishops to flog the Oministration’s agenda from the pulpit, and given that Glenn Beck’s admonition to Christians to challenge the Marxist heresy of “social justice” has earned him the wrath of the Oministration (three WH officials have been trying to lose him his sponsors through boycotts, harassment, and who knows what else), it appears that the Oministration is poised to leverage churches to further his Marxoverde agenda.
Definitely a good man. Most definitely.
well, duh. You can’t expect anyone to fix Bush’s messes quickly. see also: Iraq, Afghanistan, the Economy…
Has anyone at all in the Adm. admitted that they’ve read the Az. law? So far I count 0 for 3. By now it has to be a dedicated strategy – devining intent/meaning totally sans the Bill’s words and acting like it is simply not necessary to have read the law in order to face the Press, Public, or Congress. So the subtext would also be that for anyone to read the law or the DOJ memo would make for ~”too much confusing information”?
These people are very weird.
Could we send a pdf of the law and one of the memo to the AG, SEC DHS, et al?
Nothing’s stopping us, but I’m not sure it would accomplish much. You can lead a horse to water…
So, not only have they not read the AZ law, the Executive Order, and the amendments, but the apparently have not even read the material produced by their own Dept. What in the hell do these people do?
JD, I’d leave it at they have not read.