by Tom Fitton –
So, just how much money is being spent in response to executive actions taken to house and accommodate illegal aliens? Your Judicial Watch is calling on members of Congress to take a hard look at the Deferred Action for Childhood Arrivals (DACA) program and the Deferred Action to Parents of Americans and Lawful Permanent Residents (DAPA) program. These programs are two key parts of Obama’s illegal amnesty effort and involve violations of law that carry civil and criminal penalties. Yesterday, as Obama’s Democrat allies (with silent support, I’m sure, from more than a few Republican colleagues) mounted a filibuster in the United State Senate to prevent funding of the Department of Homeland Security in order to enable Obama’s continued lawlessness, we urgently put out an action item for your elected representatives:
“Judicial Watch calls upon Congress, its committees, or its members to request that the Government Accountability Office (GAO) investigate, analyze, and opine on the following issues:
“Whether Congress has specifically appropriated the funds or has specifically authorized the assessment of fees necessary for the U.S. Citizenship and Immigration Services (USCIS) to implement the plans to extend Deferred Action for Childhood Arrivals Program (DACA) and establish Deferred Action to Parents of Americans and Lawful Permanent Residents (DAPA);
“To the extent no funds have been specifically appropriated, whether USCIS is using funds appropriated, including any monies raised by fees assessed by USCIS, for a different, designated purpose to fund the implementation the plans to extend DACA and establish DAPA;
“To the extent any funds, including any monies raised by fees assessed by USCIS, are being used to implement the plans to extend DACA and establish DAPA, whether the use of such funds is unauthorized or prohibited.
“Whether USCIS is using property or employees designated for a specific purpose to implement the plans to extend DACA and establish DAPA, regardless of such designation.
“The legal issues involving the improper use of taxpayer dollars are urgent given that the USCIS may have already entered into or imminently will enter into contracts and/or do so. This unauthorized spending may be a direct violation of the Antideficiency Act, which makes it a violation of law, with potential civil and criminal penalties, for government officials to spend monies that have not been appropriated by Congress. President Obama’s nullification of immigration law is broad and involves numerous policies in multiple federal agencies, but the center of the storm is in USCIS, where monies are being misspent in ways contrary to the fundamental purpose of that law enforcement agency.”
Our legal team reports that the Antideficiency Act generally prohibits an officer or employee of the U.S. government from:
[M]aking or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law; involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law; accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property; making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations.
To the extent an officer or employee may be in violation of the Antideficiency Act, Congress mandates that the Comptroller General, the head of GAO, conduct an investigation of the matter. The Obama gang was most recently found to have violated this law by the GAO in the scandalous release of terrorists in the Bergdahl swap scandal.
The GAO warns that violators of the Antideficiency Act:
“[S]hall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office.”
In addition, an officer or employee who “knowingly and willfully” violates [the law] “shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.”
Some in the U.S. Senate seem to understand the legal stakes. Sen. Jeff Sessions (R-AL) joined with Judiciary Committee Chairman Chuck Grassley (R-IA) and Homeland Security Chairman Ron Johnson (R-WI.) to write a letteraddressed to Joseph Moore, Chief Financial Officer for the USCIS, that asks for highly pertinent financial information. The letter correctly points out that Obama’s directives “will redirect scarce resources away” from the USCIS’s “core mission” for activities Congress never approved. And, it makes the following, very pointed, request:
To assist us in our constitutional oversight responsibilities, we are asking you, as Chief Financial Officer, to provide a detailed accounting of all expenditures by USCIS to date and a projection of all temporary and permanent expenditures for these executive actions, including the source of the funds to be used and the specific accounts in which the funds are located, in dollar amounts. Please also indicate the amount USCIS is projected to spend on these programs from FY2015 through FY2025 on a monthly and annual basis.
Instead of doing the public’s business to enforce immigration law, the USCIS has been hijacked by President Obama and his appointees to aid, abet, and harbor illegal aliens – in absolute violation of the law. Obviously, Congress never appropriated money for the lawlessness. The strict enforcement of the Antideficiency Act against this egregious misappropriation of government monies (your tax dollars) is one more “rule of law” tool that may help to bring the administration’s illicit actions to a halt.
Terror Bomb Plotter Who Targeted
Oprah Released From Chicago Jail
I have another terrorist threat warning to report to you, courtesy of Judicial Watch’s Corruption Chronicles blog. Remember the narco-terror conspirator named Emad Karakrah? Karakrah was a member of the terrorist cell behind the attempted 2009 bombing of Oprah Winfrey’s Chicago studios and the Sears Tower building. Well, he is back on the loose after being incarcerated, compliments of the Federal Bureau of Investigation. The agency seems to think it can exert some kind of control over Karakrah, but there is good cause for skepticism.
Karakrah was reportedly recruited as an FBI confidential informant back in 2009 after his bombing plot against Winfrey and the Sears Tower (now known as Willis Tower) was thwarted. But he quickly cut loose from the FBI and successfully evaded the agents for the several years, according to our sources.
We covered Karakrah’s January Chicago plea hearing before Cook County Circuit Court Judge Evelyn B. Clay, and later obtained a copy of the official court transcript, which missed some key information about the behavior of the FBI representative in attendance. The FBI agent, a white male in his 40s, with short brown hair and an ID badge hanging from his neck, waved and nodded in Karakrah’s direction. We did contact the FBI asking for comment on this report, but it declined to respond, as it has when reached for comment on other stories in the on-going narco-terror series.
We have provided extensive coverage of the role Karakrah played in the narco-terror ring centered in El Paso, Texas, with connections in Chicago and New York. This is what we know right now. Your Judicial Watch has verified that Karakrah is no longer in custody at the County Cook Jail, which the Illinois Department of Corrections confirmed to us in writing. We don’t know what his exact whereabouts are right now and we don’t know if the FBI knows his exact whereabouts right now. But JW has discovered, through a number of sources we have cultivated, that Karakrah spent his summer as a truck driver for militant Islamists, delivering supplies and materiel to terrorist cells operating in Brooklyn, New York, and Saddle Brook, N.J.
Let’s go back and review what ultimately lead to Karakrah’s arrest. Recall that he took police on a high-speed chase through Chicago streets in late August and threatened to blow up his car. An Islamic State of Iraq and Syria (ISIS) flag waved from the vehicle and Karakrah was also charged with making a false car bomb threat. Despite all this, on January 7, 2015, Karakrah reached a plea deal in Cook County Court, and was released from prison. We repeat: What is going on here?
Among his alleged accomplices in the 2009 truck bomb plot is Adnan Gulshair el Shukrijumah – al Qaeda’s director of North American, who flew in and out of the United States as “Javier Robles” – most recently in March 2014 in Anthony, New Mexico. Shukrijumah was killed in a Pakistani Army raid in the northwestern territory of Pakistan in early December 2014, a few days, not coincidentally I think, after we first reported his role in the bomb plot.
But Shukrijmah’s terrorist ally Karakrah (who is not an American citizen) is on the lam thanks to a failure of federal law enforcement. Why didn’t the federal government arrest this avowed ISIS terrorist who we know wanted to kill thousands of Americans in various terror plots?
Judicial Watch investigators in several states continue to track leads about the border-terrorist threat. As a result of disclosures and pressure from Judicial Watch, inquiries from Congress and other authorities are underway into both the underlying border-security terrorist threat and the Obama administration’s continuing cover-up and reckless disregard for the safety of the American people.
Tucson, AZ Drunk Drivers Are Free to Go
In breaking news just today, Judicial Watch released information that is difficult to believe even coming from this lawless administration. Citizens of Tucson, AZ, should drive with extreme caution. In a notice to Border Patrol agents in Tucson, AZ, titled “Enforcement Options With Alcohol-Impaired Drivers,” are guidelines that endanger innocent human beings in a whole new way by allowing impaired drivers to “go on their way”:
The document acknowledges that this feels counter-intuitive for Border Patrol agents, but eases concerns by answering a hypothetical question for the officers who have sworn to uphold the law: “If you allow this driver to continue down the road and they kill someone, aren’t you liable?” The answer is no, according to the new Department of Homeland Security (DHS) memo. “There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI,” the order says, adding that “therefore there is generally no liability that will attach to the agent or agency for failing to act in this situation.”
The directive offers another scenario-detaining the impaired individual at the request of state or local law enforcement officers (LEO). “There is no duty to detain the alcohol-impaired individual,” the memo says, “but if you do this option can raise potential liability for the agent and the agency.” The document goes on to say that Border Patrol policy is to cooperate with local and state law enforcement officers who alert of suspected violations under state law. That means the agent would be considered to have been acting within the course and scope of his employment while detaining a drunk driver at the request of local law enforcement officers under Arizona law, the document confirms.
The last scenario offered in the recently issued decree has a Border Patrol agent detaining a drunk driver in Arizona without a request from a state or local law enforcement officer. “This option poses the greatest liability for both the agent and the agency,” according to the order. After revealing that private citizens in Arizona can make felony and misdemeanor arrests, it nevertheless prompts Border Patrol agents to stay away from drunk drivers. “Be advised, this option poses the greatest threat to an agent for a civil lawsuit,” the memo warns.
This preposterous order has not been well received by agents, according to Judicial Watch’s sources inside the agency. The Border Patrol Tucson Sector covers 262 miles along the Mexican border and is one of the country’s busiest in both illegal immigrant apprehensions and marijuana seizures, according to the agency website. During fiscal year 2014 the Tucson Sector Border Patrol recorded 87,915 apprehensions that included members of notorious international gangs and felons convicted of serious crimes such homicide, rape and child molestation. Agents also seized 971,180 pounds of marijuana as well as large quantities of cocaine, heroin and methamphetamines.
Just when you think this administration has reached the limit of recklessness, something new comes along. There is no end to it. Judicial Watch, through its strong relationship with law enforcement, will continue to make information like this available to you.
“Politics over public safety” is the Obama’s administration’s approach to immigration enforcement. This directive will result in death and injuries to American citizens and other innocents. Senators now deciding whether to fund the president’s lawlessness should know the deadly stakes of their votes. Each and every U.S. Senator should be asked about this directive and why on Earth taxpayer funds should support this deadly lawlessness. In the meantime, families across America are now at risk on the roads, as President Obama and his appointees at the Department of Homeland Security have given illegal aliens a license to drive drunk.
Tom Fitton – President