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  1. Sessions Calls Judge "Offensive" and "Disrespectful" for Saying That Ending DACA was "Heartless". But Can't Judges Make Findings of Fact? Roger Algase

    Trump's AG, Jeff Sessions, is continuing the administration's policy of bashing judges who show even an ounce of sympathy or compassion for immigrants by calling out a Brooklyn federal District Court Judge, Nicholas Garaufis, as "offensive" for stating that Trump's DACA cancellation was "heartless".

    According to the above POLiTICO report, Sessions made the following statement in a speech at the right wing Heritage Foundation:

    "...the court said the government 'can't come into court to espouse a position that is "heartless"'. He didn't say it was unlawful. He said, 'I don't like your policy.'...A judge's comments on policy like this is [sic] offensive, and it's disrespectful of the legislative and executive branches [i.e. Donald Trump]...The Constitution gives judges no right to veto a president's actions because they disagree on policy grounds."

    It is certainly true enough that judges have no right to "veto" a legislative or executive action because of a disagreement over policy (even though, as POLITICO also points out, that is, very arguably, exactly what Texas federal District Judge Andrew Hanen did when he struck down President Obama's DAPA/DACA Extension initiative).

    But don't judges have the power to make findings of fact in a litigation? And, as a finding of fact, if not as a conclusion of law, was Judge Garaufis anything other than deadly accurate and on target when he called Trump's DACA cancellation "heartless"?

    Roger Algase
    Attorney at Law

    Updated 10-27-2017 at 01:00 PM by ImmigrationLawBlogs

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