WOLF PACK DISSOLVED?
THE BIG BAD WOLF, Act II
Last week I reported on some of the misdeeds of Acting Secretary of Homeland Security, Chad Wolf. Well, we are not yet at the conclusion of Act III, but here's the lightning bolt unleashed in Act II:
As you will recall, Wolf had been appointed Acting Secretary of Homeland Security by President Trump in February, 2020. Wolf replaced an interim Acting Secretary who replaced Kirstjen Nielsen, found to be insufficiently loyal to the President's agenda.
Wolf, on the other hand, was loyal to a “T.“ As a display of his ferocity, promptly after his appointment, he attacked all the residents of New York State for their insufficient loyalty at the polls in 2016. He entered a decree banning all New Yorkers from membership in the various airline travel perquisites. No more short lines at TSA's Trusted Traveler security posts, no more Global Entry to avoid lines at immigration counters.
The justification was that we were all threats to the government's anti-terror programs. Specifically Wolf scolded New York for failing to give ICE et. al. complete access to all DMV records, now that New York was permitting undocumented residents to obtain driver's licenses.
He blatantly insulted New York in the process:
“It’s particularly interesting coming from New York, again, from where 9/11 occurred ... . We want to make sure we share information and not continue to withhold information.“... New York is the only state, and I think that bears repeating, the only state that prohibits information sharing.“
New York State promptly sued Mr. Wolf in an effort to strike the ban. Wolf was, of course, represented in federal court by the Civil Division of the US Attorneys office, which, once again earned the sobriquet, “the Sovereign District of New York.“
In the early stages of the litigation, the US Attorney’s office submitted sworn statements made by its client, and legal briefs based upon those statements. They argued that the singularity of New York’s decision was the basis, the justification, for the DHS ban. So certain was the US Attorney‘s office as to the legal sufficiency and power of that claim, they moved for "summary judgment"-- a request that the judge enter a final judgment in DHS's favor without a trial.
But as the time to argue that motion approached, there was a startling revelation. Audrey Strauss's team learned the statements made by their client were false. The entire basis for the Wolf decree disappeared instantly. Given who they are, the US Attorneys office promptly advised the court that there was no substantive basis for Wolf's ban. His statements to the effect that New York was “the only state that prohibits information sharing“ were absolutely false.
In other words, either Wolf knew his statement was a lie, or he didn't know what he was talking about and just made up a justification for punishing New York. In any case, there was no merit to DHS's defense of New York's lawsuit.
District Judge Jesse Furman found the confession “troubling" and demanded a detailed explanation as to how the U.S. Department of Homeland Security came to make false sworn statements to a U.S District Court. The explanation was due August 12. The U.S. Attorney‘s office asked for an extension of time to September 14. The judge gave them half a loaf. He demanded the complete report be filed no later than September 4, and warned that he was not likely to grant any further delay.
This morning’s press reports on yet another chapter to the Trump-DHS disgrace. The General Accounting Office has ruled that President Trump’s appointment of Wolf, and his top assistant Cuccinello, were violations of federal law. In other words, those appointments were invalid from the git-go: Wolf was never legally the Acting Secretary of Homeland Security!
The GAO did not take the bait, and declined to respond to the question on everybody’s lips: If he was not the Acting Secretary of Homeland Security, is everything Wolf did in that capacity a nullity?
Not only is Wolf a non-official as far as DHS is concerned, but none of our immigration agencies have Senate-confirmed leaders either: i.e, Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and US Citizenship and Immigration Services are all headed by non-Senate-confirmed chiefs. And in the nine months since February, Trump has never sent Wolf's name to the Senate for confirmation.
Don't bother researching for the outraged voices coming from the Republican leadership of the Senate about this end-run around Article II, Section 2 of the Constitution. Perhaps they recognize that as political eunuchs, they no longer have free will honestly to employ their "advice and consent."
Will the GAO's decision have any effect on the SDNY litigation? No way. Trump, of course rejects the ruling, as does Wolf. In any event, the DHS wolf-pack still needs to come forward and make new sworn statements explaining how and why they earlier filed false sworn statements.
What's next, a revelation that Trump is not qualified to be president because his parents were not citizens because their parents were immigrants?
Stay tuned. Nothing is off the table.
A bientot.
............................................

Last week I reported on some of the misdeeds of Acting Secretary of Homeland Security, Chad Wolf. Well, we are not yet at the conclusion of Act III, but here's the lightning bolt unleashed in Act II:
As you will recall, Wolf had been appointed Acting Secretary of Homeland Security by President Trump in February, 2020. Wolf replaced an interim Acting Secretary who replaced Kirstjen Nielsen, found to be insufficiently loyal to the President's agenda.
Wolf, on the other hand, was loyal to a “T.“ As a display of his ferocity, promptly after his appointment, he attacked all the residents of New York State for their insufficient loyalty at the polls in 2016. He entered a decree banning all New Yorkers from membership in the various airline travel perquisites. No more short lines at TSA's Trusted Traveler security posts, no more Global Entry to avoid lines at immigration counters.
The justification was that we were all threats to the government's anti-terror programs. Specifically Wolf scolded New York for failing to give ICE et. al. complete access to all DMV records, now that New York was permitting undocumented residents to obtain driver's licenses.
He blatantly insulted New York in the process:
“It’s particularly interesting coming from New York, again, from where 9/11 occurred ... . We want to make sure we share information and not continue to withhold information.“... New York is the only state, and I think that bears repeating, the only state that prohibits information sharing.“
New York State promptly sued Mr. Wolf in an effort to strike the ban. Wolf was, of course, represented in federal court by the Civil Division of the US Attorneys office, which, once again earned the sobriquet, “the Sovereign District of New York.“
In the early stages of the litigation, the US Attorney’s office submitted sworn statements made by its client, and legal briefs based upon those statements. They argued that the singularity of New York’s decision was the basis, the justification, for the DHS ban. So certain was the US Attorney‘s office as to the legal sufficiency and power of that claim, they moved for "summary judgment"-- a request that the judge enter a final judgment in DHS's favor without a trial.
But as the time to argue that motion approached, there was a startling revelation. Audrey Strauss's team learned the statements made by their client were false. The entire basis for the Wolf decree disappeared instantly. Given who they are, the US Attorneys office promptly advised the court that there was no substantive basis for Wolf's ban. His statements to the effect that New York was “the only state that prohibits information sharing“ were absolutely false.
In other words, either Wolf knew his statement was a lie, or he didn't know what he was talking about and just made up a justification for punishing New York. In any case, there was no merit to DHS's defense of New York's lawsuit.
District Judge Jesse Furman found the confession “troubling" and demanded a detailed explanation as to how the U.S. Department of Homeland Security came to make false sworn statements to a U.S District Court. The explanation was due August 12. The U.S. Attorney‘s office asked for an extension of time to September 14. The judge gave them half a loaf. He demanded the complete report be filed no later than September 4, and warned that he was not likely to grant any further delay.
This morning’s press reports on yet another chapter to the Trump-DHS disgrace. The General Accounting Office has ruled that President Trump’s appointment of Wolf, and his top assistant Cuccinello, were violations of federal law. In other words, those appointments were invalid from the git-go: Wolf was never legally the Acting Secretary of Homeland Security!
The GAO did not take the bait, and declined to respond to the question on everybody’s lips: If he was not the Acting Secretary of Homeland Security, is everything Wolf did in that capacity a nullity?
Not only is Wolf a non-official as far as DHS is concerned, but none of our immigration agencies have Senate-confirmed leaders either: i.e, Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and US Citizenship and Immigration Services are all headed by non-Senate-confirmed chiefs. And in the nine months since February, Trump has never sent Wolf's name to the Senate for confirmation.
Don't bother researching for the outraged voices coming from the Republican leadership of the Senate about this end-run around Article II, Section 2 of the Constitution. Perhaps they recognize that as political eunuchs, they no longer have free will honestly to employ their "advice and consent."
Will the GAO's decision have any effect on the SDNY litigation? No way. Trump, of course rejects the ruling, as does Wolf. In any event, the DHS wolf-pack still needs to come forward and make new sworn statements explaining how and why they earlier filed false sworn statements.
What's next, a revelation that Trump is not qualified to be president because his parents were not citizens because their parents were immigrants?
Stay tuned. Nothing is off the table.
A bientot.
............................................
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posted by marty at 10:22 PM
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