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SCOTUS Rules Trump Admin’s Plan To End DACA Illegal. Here’s What You Need To Know.

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The Supreme Court of the United States ruled Thursday that the Trump administration’s plan to end the Deferred Action for Childhood Arrivals (DACA) program illegal. There are currently nearly 700,000 DACA recipients in the U.S., according to estimates from the U.S. Citizenship and Immigration Services.

“We do not decide whether DACA or its rescission are sound policies,” Chief Justice John Roberts wrote of the decision. “The wisdom of those decisions is none of our concern. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

The DACA program allows undocumented immigrants who came to the country as children to legally live and work in the country.

The order was implemented under the Obama administration in 2012 by executive authority as Republicans in Congress took issue with some of the demands in the pending legislation at the time.

“Now, both parties wrote this legislation,” Obama said at the time. “And a year and a half ago, Democrats passed the DREAM Act in the House, but Republicans walked away from it. It got 55 votes in the Senate, but Republicans blocked it. The bill hasn’t really changed. The need hasn’t changed. It’s still the right thing to do. The only thing that has changed, apparently, was the politics.”

He added, “As I said in my speech on the economy yesterday, it makes no sense to expel talented young people, who, for all intents and purposes, are Americans — they’ve been raised as Americans; understand themselves to be part of this country — to expel these young people who want to staff our labs, or start new businesses, or defend our country simply because of the actions of their parents — or because of the inaction of politicians.”

The Trump administration ordered the phased end to the program in 2017 when former Attorney General Jeff Sessions sent a letter to the Department of Homeland Security saying that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.”

Moreover, Sessions warned that the policy “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.”

Acting Secretary of Homeland Security Elaine Duke then moved to phase out DACA. In 2017, Secretary Kirstjen M. Nielsen issued a memo clarifying DHS’s position siding with the Trump administration.

Trump wrote of Thursday’s Supreme Court’s decision on Twitter, saying it was “horrible & politically charged,” and later asked, “Do you get the impression that the Supreme Court doesn’t like me?”

https://twitter.com/realDonaldTrump/status/1273634152433188865

https://twitter.com/realDonaldTrump/status/1273633632742191106

House Freedom Caucus Chairman Rep. Andy Biggs, R-AZ, said in a statement Thursday that Congress that “Former President Obama’s action was unlawful, unconstitutional, and created chaos and uncertainty in our immigration system. Even though the Roberts decision today found that the Trump administration’s rescission of DACA violated the APA, it is ironic that the Obama administration’s decision was made completely unilaterally – and not under the APA. Thankfully, no justice found that DACA could NOT be rescinded if the APA issue was corrected.”

He added, “I’m extremely disappointed in this decision and in Chief Justice John Roberts for continuing to side with our liberal justices and against the rule of law. Our nation is a nation of laws, and those laws must be upheld in order to maintain order throughout our union.”

“DACA obliterates that order and serves to incentivize more illegal immigrants to cross into our nation with hopes of receiving some reprieve from the federal government. Former President Obama disregarded his oath of office and responsibility to the rule of law when establishing DACA, and Chief Justice Roberts has proven himself unworthy of his oath. Americans should be outraged by this decision, and I urge President Trump and members of his administration to uphold the rule of law and fight against any amnesty to illegal immigrations.”

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COVID-19

Adviser to Fauci bragged about helping him evade FOIA, ‘he is too smart’ to get caught

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Screen Shot 2021 05 17 at 10.47.34 AM

The House Select Subcommittee on the Coronavirus Pandemic published evidence ahead of a hearing that explains the senior scientific adviser to then-National Institute of Allergy and Infectious Diseases Anthony Fauci actually bragged about helping Fauci evade the Freedom of Information Act (FOIA).

The adviser, David Morens, admitted in his own communications to intentionally evading FOIA by using a Fauci’s private Gmail address or just handing him documents in person, according to the newly disclosed emails.

The 35-page report on Morens includes previously unreleased emails including:

An April 21, 2021 email shows Morens contacted EcoHealth Alliance President Peter Daszak, whom Morens has described as his “best friend” and a U.S. taxpayer conduit for the Wuhan Institute of Virology, as well as Boston University and New England Biolabs researchers.

The subject line references “CoV research in China, GoF, etc.,” referring to EcoHealth-facilitated coronavirus research at WIV that could make a virus more transmissible or dangerous. The National Institutes of Health recently admitted it funded gain-of-function research under that definition but not a stricter regulatory definition.

“PS, i forgot to say there is no worry about FOIAs,” Morens wrote. “I can either send stuff to Tony on his private gmail, or hand it to him at work or at his house. He is too smart to let colleagues send him stuff that could cause trouble.”

A May 13, 2021 email to the same recipients referred to “our ‘secret’ back channel” by which Morens connected Fauci to a journalist named “Arthur,” apparently to discuss the feds’ preferred narrative that SARS-CoV-2 emerged naturally rather than via lab leak. The email cited an article on the message board Virological.

Gerald Keusch, associate director of the National Emerging Infectious Diseases Laboratory Institute at BU, emailed Daszak Oct. 25, 2021 to relay a phone conversation with “David,” who is “concerned about the privacy of text” and email sent and received on his “government phone” because they “could be FOIA’able.”

“Tony has told him not to be in touch with you and EHA for the time being,” Keusch wrote. Morens relayed that Daszak should get his story straight on EcoHealth’s claim that NIH locked it out of the system when it tried to file its year-five progress report that disclosed an arguable gain-of-function experiment.

Earlier in the day, Morens told Daszak “i will be meeting with Tony about this later on.” The subject line of the thread was “Draft response to Michael Lauer,” deputy director for extramural research at NIH.

Morens also told Daszak that Fauci and then-NIH Director Francis Collins are “trying to protect you, which also protects their own reputations,” apparently meaning against allegations that U.S. tax dollars passed through EcoHealth funded research that may have led to SARS-CoV-2’s emergence.

The subcommittee said it found emails that revealed “likely illegal” practices, including an April 2020 email in which Morens shared a “new NIAID implementation plan” with Daszak and an August 2020 email in which Daszak mentioned a “kick-back” to Morens after NIH awarded $7.5 million to EcoHealth.

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