We wrote over the weekend about this Washington Times piece of agit-prop — masquerading as journalism.
Nowhere does the Times give a cite to the actual case or decision, in Florida’s northern district federal courthouse.
We now know why — and it wasn’t to preserve any “scoop” value.
The “settlement” not only means nothing — it means less than nothing. It is a political manifesto, exclusively. Written by a bunch of MAGA-nuts.
You see — it is as clear as day that both future administrations, and USDC Judges not a party to this litigation (i.e., all of the judges in the nation, except Wetherell) CANNOT be stopped from GRANTING parole or even asylum, based on individual factors.
For example, if someone detained… has no prior criminal record in the US of any kind… any official may order parole. Even an ICE agent on the ground may use discretion, and not arrest — at all.
That is what 8 USC § 1182(d)(5) plainly mandates — and the “settlement” acknowledges, thus:
…The consent decree provides that the PWC memorandum be vacated pursuant to 5 USC § 706. It is the position of the Department of Justice that the APA does not authorize a court to vacate an agency rule, and that if vacatur is an available remedy, then like all equitable remedies, such relief must be subject to traditional equitable limitations, including the principle of party-specific relief.
The Department acknowledges, however, that there is substantial authority opposing this position in some circuits, including the Eleventh Circuit, though the Supreme Court has not ruled on the issue. In jointly requesting with Plaintiff that the Court enter the parties’ proposed consent decree, the Department agrees not to pursue this position in this case….
So this is all just some faux-red meat — for the morons — purely a show pony, for old DeSantis… and a vast waste of taxpayer money — for political posturing.
Idiotic — at best.
Out.
