Google


Dana Perino Wrongly Claims Obama ‘Has The Prosecutorial Discretion’ To Issue His Amnesty

November 25, 2014 | Filed Under Anti-Americanism, Barack Obama, Congress, Constitution, Democrats/Leftists, Elections, Entitlements, Ethics, Fox News, Government, Government Corruption, Immigration/Immigrants, Journalism, Liberals, Media, Media Bias, Nanny State, President, Progressives, Warner Todd Huston | Comments Off on


Dana Perino Wrongly Claims Obama ‘Has The Prosecutorial Discretion’ To Issue His Amnesty

-By Warner Todd Huston

One of the claims that the left is erroneously using to justify Obama’s new amnesty policy is that he has the “prosecutorial discretion” to do what he is doing and on Thursday Fox News’ Dana Perino agreed with the left that Obama does, indeed, have that power.

Perino appeared on the November 20 edition of Fox News’ The Five where she insisted that Obama does have the power to issue his amnesty. But she also noted that it was “strange” that the first major thing that Obama did after the elections was to “poison the well” with his amnesty policy even after he claimed that the midterms meant that voters want Democrats and Republicans to work together.

Perino went on to claim that Obama has neatly boxed in his Republican opponents because they will not be able to quickly settle the constitutional legality of Obama’s order nor will they be able to easily tell five million suddenly legal immigrants that they actually aren’t legal.

Few conservatives, though, agree with Perino that Obama has the “prosecutorial discretion” to simply declare that millions of illegals are legal. One of those saying that Obama does not have this authority is Andrew C. McCarthy, the former Bush era Assistant United States Attorney for New York. McCarthy says that Obama is blatantly “distorting the doctrine.”

On Thursday, McCarthy wrote that, “prosecutorial discretion is a simple and, until recently, an uncontroversial matter of resource allocation. It merely holds that violations of law are abundant but law-enforcement resources are finite; therefore, we must target the resources at the most serious crimes, which of necessity means many infractions will go unaddressed.” (McCarthy’s emphasis)

In other words, such discretion does not suddenly reverse law and make certain crimes legal. It merely holds that prosecutors might choose not to prosecute them because they don’t have enough resources to do so.

In contrast, McCarthy notes, Obama’s new amnesty policy doesn’t just re-allocate resources, it reverses law declaring illegal immigrants to be legal.

In McCarthy’s view, then, Perino is wholly wrong to say that Obama is properly evoking prosecutorial discretion.

Still, Perino is probably right that the Republicans are in a tough spot. How will they beat back Obama’s offer of legality to millions without seeming to be mean spirited? Further, how will they stop the President after he already made the announcement? It will be an interesting few months as we all learn the answer to these questions.

But it is sure Perino is wrong on point, or doesn’t understand what prosecutorial discretion even means.

Full Transcript:

I might be an outlier on this. I think Republicans are really boxed in… Because I don’t think that we’ll have the answer to the constitutional question for years. At this point the president I think has the prosecutorial discretion to do what he is doing. I think they’ll figure out a way, the lawyers, to give him some cover on that. And besides, by the time it gets to the courts, then, who’s going to be the person that stands up and says they’re going to take away this from the five [million]?

And also when President Obama came out the day after the election he said that the real lesson from the midterm election was that Washington must work together. From a political standpoint I agree it is a strange way to react when your first action is to do something that is absolutely poisoning the well to get a lot of other good things done. What I do think that Republicans will do is to keep their heads–OK there’s a lot of other legislation that needs to get done from the jobs perspective. Jobs, jobs, jobs.

I don’t understand why the administration is not just going ahead and doing the twelve million? Because once you do five, why don’t you just do twelve? Because then what’s the question, what’s humane and what is fair. And so maybe they’ll figure out a way to do an end run around that, but I do think that the Republicans–you cannot stop the President from doing this.

____________
“The only end of writing is to enable the reader better to enjoy life, or better to endure it.”
–Samuel Johnson

Follow Warner Todd Huston on:
Twitter
Facebook
Tumblr

Warner Todd Huston is a Chicago based freelance writer. He has been writing opinion editorials and social criticism since early 2001 and before that he wrote articles on U.S. history for several small American magazines. His political columns are featured on many websites such as Andrew Breitbart’s BigGovernment.com, BigHollywood.com, and BigJournalism.com, as well as RightWingNews.com, CanadaFreePress.com, Wizbang.com, among many, many others. Huston has also appeared on Fox News, Fox Business Network, CNN, and many local TV shows as well as numerous talk radio shows throughout the country.

For a full bio, please CLICK HERE.

Comments

comments

Tags: , , , , , , , ,


Fair Use: This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my efforts to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research, educational, or satirical purposes. If you wish to use copyrighted material from this site/blog for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

We use Facebook comments, but they can sometimes take quite a while to load. So, be patient. Thanks.

Social Networking


Help the Soldiers!



American Genius

Our Founding Ideas

"Governments are instituted among men,deriving their just powers from the consent of the governed." Declaration of Independence July 4, 1776





Enter your Email


Preview
Powered by FeedBlitz

Subscribe in a reader




Recently Written

  • Same Old, Same Old, Terrorism
  • Dear Conservatives, Supergirl Thinks You’re Stupid and She Doesn’t Want You Watching Her Show
  • Nate Boyer, NFL Player and Army Veteran Who Helped Colin Kaepernick Take a Knee During Anthem, Pens ‘Open Letter’
  • FBI Warns of Growing Domestic Terror Threat Posed by Black Extremist Groups
  • Video: PBS News Hour Victim of Violent, Senseless Attack
  • My Home and Car Vandalized Because I’m a Conservative Writer
  • Here are the Vast Differences Between a Conservative and a Liberal
  • No, NFL, You DON’T Have an Unassailable ‘Right’ to Protest the National Anthem
  • Pandering? Megyn Kelly Suddenly Says She Left Fox News Because of Trump
  • Famed ‘Raging Bull’ Boxer Jake LaMotta Dies at 95


  • What THEY Say:
    Foreign News In English




    Click HERE for information
    on my fedora collection.
    Antique Stetsons, hat history...



























    Contact Us

    Email Publius' Forum

    Archives

  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • January 2006
  • December 2005
  • November 2005
  • October 2005
  • September 2005
  • August 2005
  • July 2005
  • June 2005
  • May 2005
  • April 2005
  • March 2005
  • February 2005
  • January 2005



  • Add to Technorati Favorites


    Clicky Web Analytics