By J.B. Williams
November 25, 2014
The past six years of Obama’s reign in America have been littered with countless unconstitutional and criminal acts on a variety of fronts, too numerous to chronicle in any column length article.
However, his recent Executive Action on Immigration might be the straw that breaks the camel’s back for millions of Americans, as he attempts to dictate law from beyond his constitutional authority and at odds with the overwhelming will of American citizens.
People have been scouring the Internet in search of Obama’s Executive Order on Immigration, with no joy. They have been unable to find a copy of the Executive Order because no such Executive Order actually exists.
Amnesty by Executive Action?
The American people were given the false impression that Barack Obama was signing an Executive Order providing amnesty for an estimated 4 million illegal immigrants residing in the United States.
Presidential Executive Orders are designed for emergency circumstances wherein there is no time for congressional action, the circumstance falls under the legal authority of the Oval Office, and the order is designed to carry out the duties of the Federal government under the U.S. Constitution and existing U.S. laws.
In the case of Obama’s recent Executive Action, the action is not within the legal authority of the Oval Office, it is not the result of any emergency circumstance of the United States, and it is not designed to carry out the sworn duties of the Federal government under the United States Constitution or U.S. laws. In fact, it is designed to subvert the U.S. Constitution and U.S. laws governing immigration and naturalization.
As a result, Barack Obama did NOT issue an Executive Order. Instead, he used what is called Executive Action, which has no force of law behind it, whatsoever. In doing so, Obama acted under “the color of office” to openly subvert and circumvent U.S. law.
The Alleged Legal Foundation for Obama’s Executive Action
According to the White House, Barack Obama has the legal authority to take unilateral action on Immigration on the basis that past presidents have done the same. This statement is also false.
• In 1961, President John F. Kennedy used Executive Action to delay the deportation of Cuban refugees seeking political asylum in the United States during the Cuban crisis. (1,000,000)
• In 1975, President Gerald Ford used Executive Action during the evacuation of Vietnamese refugees with American ties at the end of the Vietnam War. (360,000)
• In 1980, President Jimmy Carter used Executive Action for Cuban and Haitian refugees during the Mariel boatlift crisis. (150,000)
• In 1987, President Ronald Reagan used Executive Action to shield from deportation, Nicaraguan refugees during the contra war in Nicaragua. (200,000)
• In November 1989, President George H.W. Bush used Executive Action to delay the deportation of Chinese refugees during the Tiananmen Square crisis. (80,000)
• In 1992-93, Presidents Bush and Clinton used Executive Action to delay the deportation of Salvadoran refugees during the Civil War in El Salvador. (200,000)
• In December 1997, President Bill Clinton used Executive Action to delay the deportation of Haitian refugees during mass civil unrest in Haiti. (20-40,000)
Note: Many have falsely quoted the 1986 Immigration Reform and Control Act as an example of Executive power. However, this Act signed by Reagan in 1986 was legislation passed by the Democrat controlled Congress. It was not a unilateral Executive Action.
In each case presented above, the Executive Actions of past presidents were within the authority of the Oval Office, did nothing to alter, subvert or circumvent U.S. Immigration and Naturalization laws, and were all “emergency” actions related to real refugees in real life threatening circumstances.
In the case of Barack Obama’s recent Executive Action, none of these conditions apply. As a result, all claims that “previous presidents have done the same” are FALSE!
Because Congress has so far refused to act against the will of American citizens by passing any form of amnesty for tens of millions of illegal aliens who have been allowed to enter and remain in the United States against U.S. laws, Barack Obama moved to fraudulently and unilaterally grant ALL ILLEGAL IMMIGRANTS in the U.S. “refugee status” despite the fact that none of the illegal aliens involved are actually refugees from any crisis set of circumstance.
Once Barack Obama fraudulently declared all illegal aliens in the U.S. “refugees,” he then took illegal and unconstitutional unilateral actions to misuse our refugee policies to alter, subvert and circumvent the U.S. Constitution and U.S. Immigration and Naturalization Laws.
In sum, Barack Hussein Obama, acting “under the color of office,” abused Executive powers in an overt attempt to subvert and/or circumvent U.S. Immigration and Naturalization laws and usurp the Constitutional authority of Congress.
The actions of Barack Hussein Obama in this Executive Action are both illegal and unconstitutional. As they directly threaten national sovereignty and security, the act rises to the level of an impeachable offense, and may in fact rise to the level of treason.
How Obama Did It
In June of 2012, just ahead of the 2012 presidential election, Barack Obama, again fraudulently acting under the color of office, unilaterally created a policy known as The Deferred Action for Childhood Arrivals (DACA) which took effect on August 15, 2012.
“Since 1994, Immigration Equality has been proud to support and represent lesbian, gay, bisexual, transgender (LGBT), and HIV-positive immigrants seeking safety, fair treatment, and freedom. As the only LGBT organization with a staff of immigration attorneys, Immigration Equality impacts both the individuals we serve and the immigration system as a whole.”
In addition, the organization broadly identifies “whom” they represent in terms of what types of circumstances they focus upon in their effort to make every illegal alien a legal U.S. citizen via Executive fiat.
“In nearly 80 countries around the world, it is a crime to be gay. For far too many people, it is impossible to be out and proud if you also want to stay alive. For more than 20 years, we have been focused on providing free legal services to lesbian, gay, bisexual, transgender, and HIV-positive immigrants, including:”• Asylum seekers forced to flee to the U.S. to find safety
• Binational couples and families separated by oceans
• Detainees trapped in immigration jail facilities
• Undocumented LGBT people living in the shadows inside the U.S.
Operating in part by taxpayer funding from the Federal Government in the draft and implementation of Obama’s DACA policy, Immigration Equality is directly involved with the Obama Administration in the overt subversion and circumvention of U.S. Immigration and Naturalization laws, now functioning under the “color of law” via Barack Obama’s fraudulent use of his “color of office.”
The Executive Action
First and foremost, a distinction with a critical difference… Executive Orders are presumed to have the binding force of law, if the Executive Order is within the constitutional authority of the Executive Branch; or if the order is under a legal purview granted the Executive Branch by way of Congressional statute; or if the order is subsequently affirmed by Congress within the time allowed.
An Executive Action is non-binding by its very nature. It has no presumed or other binding force of law at its foundation. (Legal Reference)
The action taken by Barack Hussein Obama last week via Executive Action is an expansion of his 2012 Deferred Action for Childhood Arrivals policy, which is in and of itself, illegal and unconstitutional as explained above. It is therefore, an illegal act for anyone owing an oath of allegiance to the United States to act upon or adhere to the Executive Action. Following orders on the basis of this Executive Action may also rise to the level of misprision of treason, or at a very minimum, a breach of oath and public trust on the part of Federal Law Enforcement Agents.
The operational extent of this policy is stated as follows by Immigration Equality.
“Deferred action is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time.”
The facts that this policy is not law and the fact that as stated above, it provides “no direct path from deferred action to lawful permanent residence or citizenship,” makes Obama’s claim that “it is not amnesty” true.
Obama’s Executive Action as it currently exists, is not amnesty, as it provides no direct path to permanent residency or citizenship, and in fact, is not law.
However, what is does represent is an open refusal to faithfully execute the laws of our nation, to uphold the Constitution of the United States, to protect and defend national sovereignty and security, and it is a direct assault upon and usurpation of Constitutional Congressional authority.
Therefore, it is an overt act of usurping the U.S. Constitution, a direct violation of the Presidential Oath of Office, a direct assault on the American people and a direct threat to national sovereignty and security. It is an “impeachable offense” to say the very least and may very well constitute an overt act of treason. (18 U.S. Code § 2381)
“Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”
All members of the Obama Administration, Congress and the U.S. Supreme Court, who are in any way complicit in these actions taken by Barack Hussein Obama, are according to U.S. laws, guilty of misprision of treason, as co-conspirators to the act. (18 U.S. Code § 2382)
“Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.”
The final result of the action Barack Obama took last week on Immigration is he illegally ordered Federal agencies and agents to stand down on enforcing our nations’ Immigration and Naturalization laws, without any authority to do so, or any force or color of law supporting his order. He and his co-conspirators have ordered the Federal government to break the law, solely on his personal decree…
Congressional Authority and Duty
Currently, members of Congress are going out of their way to avoid their sworn duties under the U.S. Constitution. They are searching for any way possible to avoid their duty and authority to immediately move to the impeachment of Barack Hussein Obama and the removal of and criminal prosecution of all co-conspirators.
Prior to the current usurpation of Congress and abuse of the Oval Office, North American Law Center (NALC) had already called for the immediate impeachment of Barack Hussein Obama, drafting and releasing to the public and members of congress, a proposed set of Articles of Impeachment based upon a long string of past criminal acts within the Obama Administration.
Article II requires under Section I – that before anyone enter on the execution of the Oval Office, he shall take the following oath or affirmation:- “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
Under Article II – Section IV, the U.S. Constitution prescribes one single legal solution for any occupant of the Oval Office upon their commission of criminal acts – “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”
As a result, former Federal Judge and Fox News Legal analyst Judge Andrew Napolitano called it exactly correct when he stated that “Impeachment is the only legal solution” for what Obama has done.
So, why are Tea Party stalwarts Sen. Ted Cruz, Sen. Rand Paul and Rep. Trey Gowdy working so hard to find a way out of doing their constitutional duty to impeach? Why did congressional Republicans adjourn and leave DC on Thanksgiving recess without putting a stop to Obama’s illegal and unconstitutional action? Two of the three are lawyers…
Because Barack Hussein Obama has so many co-conspirator in his many acts of fraud, usurpation, abuse of office and treason against the United States and the people, all of whom are guilty of misprision of treason under 18 U.S. Code § 2382, it is impossible to know who might be able to legally succeed Barack Hussein Obama to office once all evidence of treason and misprision of treason are presented in an impeachment investigation and trial.
In short, everyone knows he should be impeached, removed from office and held on criminal charges after being removed from office. However, once the process of presenting evidence of treason and misprision of treason begins, no one knows how that process will end or who may be left standing to succeed Obama to the Oval Office.
As a result, massive efforts are underway in congress to find any solutions other than impeachment of the most impeachable administration in U.S. history.
However, due to the extreme nature of Barack Obama’s actions and their direct threat to national sovereignty and security, members of congress cannot avoid their constitutional duty to impeach without becoming complicit in the crimes. They too, will be guilty of misprision of treason, should they fail to immediately move to impeachment, allowing Obama’s actions to stand in direct violation of the law, the Constitution and the will of American citizens.
Many Americans believe that congress can simply escape their responsibility by refusing to act. However, congress can only refuse to act if the American people allow it. If the American people act, congress will be forced to act, or face the outrage of the American people along with Barack Obama.
When the Rule of Constitutional Law fails at the highest levels of government, the people have the right and the duty to alter or to abolish, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness.
(All information provided herein was carefully vetted by Constitutional Attorney’s at the North American Law Center prior to release. Proposed Articles of Impeachment are available to the public HERE.)
© 2014 JB Williams - All Rights Reserved
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JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, writer and a business owner. He is co-founder of action organizations The United States Patriots Union, a civilian parent organization for The Veteran Defenders of America. He is also co-founder of The North American Law Center, a citizen run investigative legal research and activism organization preparing to take on American's greatest legal battles. Williams receives mail at: [email protected]
Web site 1: www.PatriotsUnion.org
Web site 2: www.VeteranDefenders.org
E-Mail: [email protected]