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Friday, July 28, 2006

Special Order 40 In BIG Trouble

Judicial Watch has won a HUGE victory in its lawsuit against the City of L.A. to invalidate Special Order 40 -- the rule that stops the LAPD from investigating and prosecuting violations of federal immigration law.

The City filed a motion called a "demurrer," which says, basically, "Judge, even if the plaintiff proved every fact alleged in the complaint, the plaintiff would not be entitled to any relief." That kind of motion is VERY important in a case like this, because it requires the judge to rule on the fundamental legal issues involved in the case. Here, for example, it means the judge had to decide whether, as a matter of law, a City can "opt out" of enforcing federal immigration law.

Well, guess what? The judge overruled the demurrer, i.e., he ruled that, if Judicial Watch can prove the facts it alleged re Special Order 40, then Judicial Watch is entitled to relief from the court.

That is HUGE, people!

Kudos to Judicial Watch. I have to confess, I did not think this lawsuit would survive a demurrer, but it has, and that means Judicial Watch might very well succeed in invalidating Special Order 40. Of course, by that time, the federal government may have granted amnesty to everyone already here illegally. . . .

The gist of the lawsuit, as I understand it, is that Special Order 40 prevents the police from reporting violations to the federal government, and that this constitutes an improper expenditure of funds. I gather the judge accepts the premise that prohibiting police from asking about immigration status is tantamount to prohibiting them from reporting same to the feds, and accepts the premise that this policy entails an expenditure of funds. Those points aren't as obvious to me, but hey, in a tie, the guy wearing the robe wins!

You can read the judge's ruling yourself: ruling.

And, so you know, the judge wasn't Ito.

17 Comments:

Anonymous Anonymous said:

Fuck You Racist Pig

July 28, 2006 8:32 AM  

Blogger Walter Moore said:

Okay, first of all, the initial caps are all wrong, and you should probably add an exclamation point.


Second, look up "racist," would you? It deals with discrimination based on race. It does not deal with discrimination based on complying with the law. Race is one thing; complying with the law is another. Likewise, nationality and race are two different matters.

But I guess your exclamation can't be as dramatic if it's accurate, can it? "F- you, person who favors law-abiding behavior pig!"

July 28, 2006 8:40 AM  

Anonymous stephen_c_foster said:

Aw Walter...

This is probably the only American English he, she, or "it" knows!

July 28, 2006 9:03 AM  

Anonymous Anonymous said:

Those who shout "racist" or "bigots" to anyone who supports controlling ALL of our borders are pathetic. We've asked some of them to join us in helping us feed THEIR homeless illegal immigrants a couple of years ago. They came up with all manner of excuses that it was the government's, not their responsibility to take care of the men who were hanging out in our parks. (We don't do this anymore). We asked them to help us with the USPS' "Letters to Santa Program". Many of the Pathetic letters to Santa were written by the sons and daughters of illegals. (We don't participate with this anymore, either). We're concentrating now on the problems of LEGAL AMERICAN CITIZENS!!! tOO MANY LEGAL CITIZENS have lost their jobs or seen their wages shrink because of illegals. If the so-called illegal immigrant advocate groups are so hell-bent on making illegals' better, WHY IN THE HELL DON'T THEY GO DIRECTLY TO THE IMPOVERISHED VILLAGES WHERE THE ILLEGALS CAME FROM AND MAKE LIVING CONDTITIONS BETTER THERE? That's the only humane way to solve the problem. We've done it in the past. We've seen positive results. We didn't have big bucks grants. We didn't earn any big bucks salaries...Everything was donated by our friends and family. LA RAZA, MALDEF and the like are rotten, selfish, egomanical jerks who want the average legal American citizen to pay for their "dream." What arrogant idiots!!!

July 28, 2006 11:23 AM  

Blogger Peter McFerrin said:

Improving the conditions in the impoverished villages would require two things:

1. The end of US farm subsidies, which are destroying the Mexican agricultural economy by flooding it with cheap corn and soy;
2. A wholesale massacre of Mexico's corrupt ruling class.

I'll sign up for #2 if you buy me an M-16, and I've always been in favor of #1.

July 28, 2006 12:02 PM  

Anonymous Anonymous said:

I hope they air this story on every damn radio and tv station in LA. It should scare the hell out of every illegal and get them to start packing their damn bags. I wish a reporter would ask our gangster Mayor what he thinks of it.

July 28, 2006 12:53 PM  

Anonymous Anonymous said:

This is great to hear.

In other news today,
Border agent gets 5 years for smuggling

July 28, 2006 1:00 PM  

Anonymous Anonymous said:

AT LAST!!!!!! Special Order 40 was NEVER a LAW to begin with! The Mechista mayor cannot say that this is a 'federal issue'. The Feds have no jurisdiction over Special Act 40.

I'm surprised it took so long, but I will be eternally grateful to Judicial Watch.

Oh, and one more thing, the House will never grant amnesty, so I am totally optimistic that we will soon be able to deport most of the illegals in LA>

HALLELUJAH!!!!!!!!!!!!!!!

July 28, 2006 4:21 PM  

Anonymous Anonymous said:

I'm with the McGruff guy on this thread. The fact of the matter is that if corporate interests didn't keep Mexico muddled in corruption, then maybe, just maybe, the Mexicans could develop a truly industrial economy with jobs for all. And if they had jobs, they probably wouldn't migrate in the droves they are doing now.

It's not your average American's fault, it's greedy CEO's that perpetuate this. The same kind that coaxed Repulican representatives today into piggy-backing yet another tax-cut for the rich onto a noble-looking minimum wage increase bill. Talk about hypocritical!

July 28, 2006 7:02 PM  

Anonymous Anonymous said:

7:02, Mexican culture itself is a very big part of the reason they don't have an industrial economy. I'm not saying that that's necessarily a shortcoming, but it's not as if there's a United States-type economy hiding inside "real" Mexico, being prevented from realization because of this or that outside force. Like Iraq, it's got it's own way of life regardless of how much outside force is applied to shape it.

July 28, 2006 7:56 PM  

Anonymous Anonymous said:

July 28, 2006 7:56 PM,

that might well be, that mexicos culture contributes to their economies general malaise. however, you know the validity of the larger CEO greed argument.

July 28, 2006 11:00 PM  

Anonymous Anonymous said:

I am a proud American, Yes I am. I am Sure, no more like positive, that all of the Native Americans, and Mexicans wish that they could deport all of us white people also. After all this was Mexico, and we did all come into it illegally, and from what I hear we took it over illegally too. The only thing we should all remember for our own sake is that everything is a cycle, or what goes around, comes around. Although there are many Mexican-Americans, who are glad this is not Mexico. It is never as one sided as we may think. I do belive that is why we have Israel and the Palestinians fighting now, Is it not a question of territory?

July 30, 2006 10:39 AM  

Anonymous Anonymous said:

It seems a though throughout history everyone has there turn when it comes to having power. This is now our turn, we may not have it forever. It is already being said that China is the next super power, which means it won't be us. That's a scary thought. How will we be treated after its over for us. If you think about what we are doing to everyone else, and what we are allowing Isreal to do to everyone else, our future really does not look very promising.

July 30, 2006 10:47 AM  

Anonymous Anonymous said:

July 30, 2006 10:47 AM,

Thank you. I am a white, wonder-bread American citizen. My politics don't matter. But I recongize the potential of the East Asian economies. I'm past my time to migrate, but when my children grow up, I will encourage them to migrate to China, Japan, or Korea and become rich.

The US has had a long run at being the #1 world economic power. That was the reason my ancestors left Northern Europe. I will not hesitate to encourage my children to migrate for the same reasons.

July 30, 2006 12:12 PM  

Anonymous revistavuelo@expansion.com.mx said:

When SO40 is killed, email revistavuelo@expansion.com.mx to say that Los Angeles isn't "theirs" anymore.

July 31, 2006 4:36 AM  

Anonymous Anonymous said:

10:39, Mexico also "illegally" held California. The reason that Mexico claimed California after they had gained independence from the Spanish was because Spain had decided several decades earlier to ("illegally" and very forceably) set up the mission system to broaden their control across the continent. The missionization wouldn't have been any worse than if the Aztecs had invaded, say, southern California and conquered the Chumash. If there is any such current "legal" right to the land we're sitting on, it's not to the bloody Aztecs. One of the reasons it was so easy for Cortez to destroy the Aztecs was because there were so many other Indian groups that wanted them gone. But the chicano-aztlan types would like us to all just blur the stark distinctions between the different Indian civilizations on the continent. "oh, if you've seen one Indian, you've seen 'em all - since they're really all just Aztecs - so you can just give the entire continent to Mexico. It's really all just Mexico."

Anyways, that stuff is ancient history. I'm sure if we went even further back, to the "original" time, whenever that might be, we might decide some *other* group had claim to the land we're now on. What I know is that my family's been here 4-5 generations, that I was born here, and that if some immigrant foreigner, whatever race he belongs to, wants to fuck with my home, my country, my land or me, I will fuck with him.

July 31, 2006 7:02 AM  

Anonymous Anonymous said:

July 31, 2006 7:02 AM,

And now you know why the Palestinians hate the Jews...

July 31, 2006 10:07 PM  

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