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Judge Sanctions Kobach for Misrepresenting Content of Memo to President. Should Courts do the Same With Trump's Muslim Ban Arguments? Roger Algase

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Kris Kobach, the Kansas Secretary of State who has achieved notoriety for his authorship of Arizona's S.B. 1070 immigration law and other state immigration laws which have been in large part rejected by the courts, as well as authoring numerous state voter suppression laws targeting minority U.S. citizens which have met a similar fate in various state and federal courts, has been fined $1,000 by a U.S. Magistrate for the District of Kansas for misrepresenting the contents of a memo which he prepared for the president relating to possible suggested changes in the Voting Rights Act (NVRA).

While the case involved, Fish v. Kobach, is not directly related to immigration, the facts leading to the imposition of this sanction against Kobach, who is one of the president's behind the scenes immigration advisers, and who has also been appointed by the president to head a commission whose obvious purpose is only to provide a cover for more attempts to disenfranchise minority, pro-immigrant voters, have much in common with the conduct of Trump's DOJ lawyers in the various Muslim country entry ban ("Muslim ban") cases now proceeding through the federal court system, including the Supreme Court.

The rationale used by the federal magistrate to sanction Kobach in the above case may also, very arguably, justify sanctions against DOJ lawyers for making the deceptive and bad faith claim in the various federal court Muslim ban lawsuits that Trump's executive orders at issue in those cases were motivated entirely by factors other than religious prejudice against Muslims, and a desire to deprive Muslim U.S. citizens of their constitutional rights to the free exercise of religion and to protection against establishment of religion.

The full text of the judge's order can be accessed by going to the following POLITICO story and following the link to the full 24-page order in that story.

http://www.politico.com/blogs/under-...mp-memo-239910

Roger Algase
Attorney at Law

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Updated 06-23-2017 at 10:48 PM by ImmigrationLawBlogs

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