NEW YORK – Did President Obama just set up Department of Homeland Security Secretary Jeh Johnson to be a candidate for impeachment instead of himself if conservatives convince the Republican majorities in the House and the Senate that his “executive actions” on immigration are unconstitutional?
The inquiry begins with the question: Where are the executive orders Obama supposedly signed to permit up to 5 million parents of young illegal aliens to remain in the United States for three years?
The White House appears to have engaged in administrative sleight of hand, changing U.S. immigration law not by executive order but by a memorandum “exercising prosecutorial discretion” Johnson signed the day of Obama’s Nov. 20 nationwide address that so far has not been filed in the Federal Register.
Tom Fitton, president of Washington-based watchdog institution Judicial Watch, told WND in an interview the legal status of Johnson’s memo is a serious constitutional question that deserves to be adjudicated.
“The entire implementing authority involves a memorandum published by DHS Secretary Jeh Johnson that changes the immigration law, directing federal money to be spent that has not been appropriated by Congress,” he said.
“In my view, there is a serious question whether Jeh Johnson should be impeached for taking this action, and a criminal investigation should be initiated to determine how and why federal funds are being misappropriated,” he declared.
Fitton said DHS “is being hijacked to implement actions Congress has neither authorized nor appropriated funds to accomplish.”
“All remedy options need to be on the table when attacking this threat to the Constitution,” he said.
On Wednesday, attorneys general in 17 states joined in a lawsuit filed by Texas attorney general and governor-elect Greg Abbott that charges the Obama’s immigration action violated the U.S. Constitution’s “Take Care” clause and failed to follow the Administrative Procedure Act’s guidelines for implementing new policies, including a comment period to outline the changes’ benefits, National Review’s Andrew Johnson reported.
Abbot said in a statement the president “is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite immigration laws, which he has no authority to do — something the president himself has previously admitted.”
The 16 other states are Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.