Benjamin Mizer is the attorney that was tapped by Obama/Eric Holder to argue in the Fifth Circuit Court of Appeals to stop a judge from blocking Obama’s unilateral amnesty order.
Mister Mizer will likely remember his day before the court. It wasn’t pretty.
The three-judge panel grilled Mizer about the government’s claims that the 26 states which filed suit against Obama’s immigration amnesty don’t have standing, to the assertion that everything the president has done with respect to his executive orders is within his prosecutorial discretion.
According to reports, arguments before the 5th Circuit typically last about forty minutes. Mizer was on the grill for two-and-a-half hours. We’re guessing he’s well done.
Here’s an example of Mizer’s work.
Judge Jerry Smith asked Mizer if the president’s plan wasn’t distinct from the “exercise of prosecutorial discretion” because it “confers benefits.” The plan, for example, provides not only deferred action to illegal aliens, but provides them with “Employment Authorization Documents” or work permits.
Mizer said there were “good reasons to grant” such permits because it would allow an individual with a work permit “to work on the books rather than off the books.” Since it is a “third-party crime” for an employer to employ an illegal alien, providing the work permits “is actually reducing crime by reducing the third-party crime.”
In other words, rather than enforcing federal immigration law that prohibits employers from employing any noncitizen who doesn’t have a work permit, it is better for the government (without authority) to issue work permits to illegal aliens so employers won’t break the law the administration doesn’t want to enforce. The government has to break the law so employers won’t have to.
There’s much more that went wrong with attorney Mizer’s day. It’s well documented at the link above if you have a strong stomach.
There’s really only two conclusions that could be drawn from this farce before the three-judge panel. The first is that Mizer is a complete idiot. The second is that the government has no case. We guess there could be a third option, where both are true, Mizer is an idiot and the government has no case.
If the Fifth Circuit finds against the government, which we believe is likely, Mizer will likely file for an emergency hearing before the Supreme Court. That might be fun, because we would guess the government could very well be in for another 9-0 loss in front of the big guys.
The only real question is how the Obama administration plans on getting around the court order that is currently stopping Obama’s amnesty declaration. Because we are sure that’s exactly what they plan on doing.
We expect Obama to eventually ignore the court order and move ahead under “his” authority. They will grant amnesty and work permits and Social Security numbers to hundreds of thousands of illegal aliens in a matter of days and then dare the courts to find a way to reverse their action.
Just wait and see.
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