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Anonymous ID: 004b03 Nov. 14, 2020, 2:49 p.m. No.11646786   🗄️.is 🔗kun   >>6801 >>6802 >>6803 >>6806 >>6810 >>6817 >>6830 >>6856 >>6876 >>6929 >>6979 >>7039 >>7071 >>7216 >>7269 >>7464

Federal judge rules acting DHS head Chad Wolf unlawfully appointed, invalidates DACA suspension

 

"This is really a hopeful day for a lot of young people across the country," said Karen Tumlin, a lawyer in the case and director of the Los Angeles-based Justice Action Center.

 

Nov. 14, 2020, 2:21 PM PST

By Dennis Romero

A federal judge in New York City on Saturday said Chad Wolf has not been acting lawfully as the chief of Homeland Security and that, as such, his suspension of protections for a class of migrants brought to the United States illegally as children is invalid.

 

The U.S. Supreme Court ruled in June that the Trump administration wrongly tried to shut down protections under the Obama-era legislation known as DACA, or Deferred Action for Childhood Arrivals. On July 28, Wolf nonetheless suspended DACA pending review.

 

Homeland Security did not immediately respond to a request for comment.

 

Judge Nicholas Garaufis said court conferences would be held to work out details of his ruling.

 

He concluded, "Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum" that suspended DACA.

 

Karen Tumlin, a lawyer in the case and director of the Los Angeles-based Justice Action Center, said the ruling means, "the effort in the Wolf memo to gut the DACA program is overturned."

 

She said the ruling applies to more than a million people, including more recent applicants and those seeking two-year renewals for protection under DACA.

 

"This is really a hopeful day for a lot of young people across the country," Tumlin said.

 

Although President Donald Trump formally nominated Wolf for the job in summer, Wolf has yet to get a full vote in the Senate, keeping his role as "acting." Garaufis cited the Government Accountability Office, which wrote in a report to Congress in August that Wolf was the beneficiary of an "invalid order of succession."

 

The judge described an illegitimate shuffling of leadership chairs at the Department of Homeland Security, the agency responsible for immigration enforcement, for the predicament of Wolf's leadership and that of his predecessor, Kevin McAleenan.

 

"Based on the plain text of the operative order of succession," Garaufis wrote in the Saturday ruling, "neither Mr. McAleenan nor, in turn, Mr. Wolf, possessed statutory authority to serve as Acting Secretary. Therefore the Wolf Memorandum was not an exercise of legal authority."

 

https://www.nbcnews.com/news/us-news/federal-judge-rules-acting-dhs-head-chad-wolf-unlawfully-appointed-n1247848

Anonymous ID: 004b03 Nov. 14, 2020, 2:52 p.m. No.11646810   🗄️.is 🔗kun

>>11646786

Judge Nicholas G. Garaufis

Nicholas G. Garaufis entered service as a United States District Judge in the Eastern District of New York on August 28, 2000. Judge Garaufis was nominated by President Clinton on February 28, 2000 upon the recommendation of U.S. Senator Daniel Patrick Moynihan(D-NY). On May 24, 2000, the United States Senate confirmed Judge Garaufis by unanimous consent.

Prior to his appointment, Judge Garaufis served for more than five years as the Chief Counsel of the Federal Aviation Administration in Washington, D.C., overseeing a staff of 200 attorneys. Prior to his appointment to the Clinton Administration in June, 1995, Judge Garaufis served for nine years as counsel to Queens Borough President Claire Shulman in New York City.

Judge Garaufis began his legal career in 1974 as an associate of Chadbourne & Parke. He also served as an Assistant Attorney General in the Litigation Bureau of the New York State Attorney General’s office under Attorney General Louis J. Lefkowitz and has practiced law privately in Queens County, New York.

After receiving his B.A. from Columbia College in 1969, Judge Garaufis taught in New York City public schools. In 1974, he received his J.D. from the Columbia University School of Law. Judge Garaufis is married.

 

https://www.nyed.uscourts.gov/content/judge-nicholas-g-garaufis

Anonymous ID: 004b03 Nov. 14, 2020, 2:54 p.m. No.11646830   🗄️.is 🔗kun   >>6858 >>7071 >>7216 >>7464

>>11646786

Judge Garaufis’ mob "ties"

 

Taking time off from crippling New York’s Fire Department, federal Judge Nicholas Garaufis lately has been playing haberdasher to a mobster.

 

Vincent “Vinny Gorgeous” Basciano, a former Bonanno crime-family boss, found himself without a tie as jury selection began at his third murder trial Tuesday morning in Brooklyn.

 

So Garaufis did something thoughtful: He lent the convicted murderer a Brooks Brothers tie.

 

It’s not the first time they’ve played dress-up. During a 2007 murder trial, Garaufis lent Basciano a shirt and tie when he came to court in an undershirt.

 

This odd couple has been keeping company since 2004, when the Brooklyn judge first presided over one of the mobster’s many court dates.

 

But while they’re growing old together, they’re not exactly best friends: Basciano scrawled Garaufis’ name on what prosecutors described as a “hit list” in 2008.

 

Which makes this current episode all the more baffling.

 

It’s bad enough that Garaufis tears the shirt off his back to accommodate the sartorial desires of such as Basciano, convicted in 2007 for murdering a gangland rival.

 

But what’s worse is the utterly hostile manner in which he treats upright citizens who come before his bench.

 

Case in point: Garaufis has done untold damage to the FDNY by seeking to impose racial-hiring quotas and dictate the exact racial makeup of its new recruits.

 

To that end, he’s blocked the FDNY from hiring new classes of rookie firefighters, burdening veterans and costing the city millions in overtime pay.

 

What it adds up to: Garaufis has a special place in his heart for killers convicted in his own courtroom.

 

The FDNY? Not so much.

 

https://nypost.com/2011/03/06/judge-garaufis-mob-ties/

Anonymous ID: 004b03 Nov. 14, 2020, 3:23 p.m. No.11647133   🗄️.is 🔗kun

>>11647039

That wouldn't be the issue though; the legality of the appointment that was made would be at issue. Not sure if Clinton judge has a point, or is just a political hack yet.

Anonymous ID: 004b03 Nov. 14, 2020, 3:53 p.m. No.11647510   🗄️.is 🔗kun

>>11647420

Again, people's immune system crashing to the point where they die from the common cold, the flu, or more likely pneumonia, is not a distinct disease.

It's a body whose immune system can no longer try to fight off the foreign invaders in it.

Nobody dies of AIDS.

Most people who "have AIDS" die from pneumonia or influenza.