WASHINGTON (Los Angeles Times) — The Supreme Court on Monday refused to hear the Trump administration’s challenge to a California “sanctuary” law, leaving intact rules that prohibit law enforcement officials from aiding federal agents in taking custody of immigrants as they are released from jail.
Only Justices Clarence Thomas and Samuel A. Alito Jr. voted to hear the administration’s appeal.
The court’s action is a major victory for California in its long running battle with President Trump.
At issue was a clash between federal power and states’ rights.
The Trump administration’s challenge was launched by former Atty. Gen. Jeff Sessions. He insisted California was unconstitutionally interfering with federal immigration enforcement. But the Supreme Court, in a decision written by the late Justice Antonin Scalia, has said state and local officials are not obliged to carry out federal enforcement. That state’s rights doctrine appears to have prevailed. Even Trump’s two appointees — Justice Neil M. Gorsuch and Brett M. Kavanaugh — refused to hear the administration’s appeal.
The court also refused to hear several cases involving gun rights and police immunity. The justices for now appear unready to reconsider past rulings that gave the states ample authority to regulate guns and to shield police from lawsuits.
Trump’s lawyers said the federal government has exclusive authority over immigrants, and they said the state is obstructing federal enforcement of the law.
“Aliens are present and may remain in the United States only as provided for under the auspices of federal immigration law,” Solicitor General Noel Francisco said in his appeal. “It therefore is the United States, not California, that ‘retains the right’ to set the conditions under which aliens in this country may be detained, released, and removed. As a result of SB 54, criminal aliens have evaded the detention and removal that Congress prescribed, and have instead returned to the civilian population, where they are disproportionately likely to commit additional crimes.”
In response, California’s lawyers argued the Constitution’s 10th Amendment makes clear that state officials need not enforce a federal law. They relied in part on a 1997 opinion written by the late Justice Antonin Scalia which held that federal authorities may not “commandeer” state or local officials to carry out a federal law. In that case, Printz vs. United States, the high court said local sheriffs could not be required to conduct background checks on buyers of hand guns.
The same principle applies when enforcing federal immigration law, said California Atty. Gen. Xavier Becerra in defense of the law. “SB 54 regulates the use of the state’s own resources. It establishes the conditions under which state and local law enforcement agencies may deploy public funds and personnel to assist with federal immigration enforcement,” he wrote.
California’s lawyers also stressed that the state cooperates with federal agents if they have a judicial warrant or if the immigrants are being held for serious or violent crimes, including prisoners who are serving time in the state system. system.
The case was called United States vs. California. The state Legislature adopted the California Values Act in 2017 after the Trump administration stepped up enforcement against immigrants living illegally in this country. State lawmakers said they were concerned that “local entanglement in federal immigration enforcement threatens trust between California’s immigrant community and state and local law enforcement agencies.” If so, immigrants will “fear approaching police when they are victims of, and witnesses to, crimes, jeopardizing public safety for all Californians,” the state’s lawyers said.
The Trump administration, led by Sessions, filed suit against California seeking to having the state law declared invalid. But a federal judge in Sacramento and the 9th Circuit Court of Appeals in San Francisco refused and ruled state and local officials were not obstructing federal agents. “Refusing to help not the same as impeding,” said U.S. District Judge John Mendez.
While the state’s lawyers rely on conservative precedents upholding states’ rights, Trump’s lawyers rely on a liberal ruling by the Supreme Court in 2012 that sided with the Obama administration and voided much of an Arizona law that would have empowered local police to arrest and detain immigrants in the country illegally.
In Arizona vs. United States, the high court stressed then that immigration enforcement is a federal matter. Quoting that opinion, Francisco said the “supremacy of the national power” in immigration enforcement was “made clear by the Constitution.”
Trump Pardons Steve Bannon In One of His Final Acts As 45th President
(CNN)— President Donald Trump has decided to pardon his former chief strategist Steve Bannon, in a last-minute decision made only hours before he is scheduled to depart the White House for a final time.
Officials cautioned CNN that Trump’s decision was not final until he signed the paperwork. Trump told people that after much deliberation, he had decided to pardon Bannon as one of his final acts in office.
Bannon’s pardon would follow a frantic scramble during the President’s final hours in office as attorneys and top aides debated his inclusion on Trump’s outgoing clemency list. Despite their falling out in recent years, Trump was eager to pardon his former aide after recently reconnecting with him as he helped fan Trump’s conspiracy theories about the election.
It was a far cry from when Trump exiled Bannon from his inner circle after he was quoted in a book trashing the President’s children, claiming that Donald Trump Jr. had been “treasonous” by meeting with a Russian attorney and labeling Ivanka Trump “dumb as a brick.” Those statements from Bannon drove Trump to issue a lengthy statement saying he had “lost his mind.”
“Steve Bannon has nothing to do with me or my presidency,” Trump said at the time.Things shifted in recent months as Bannon attempted to breach Trump’s inner circle once again by offering advice before the election and pushing his false theories after Trump had lost.
Since Trump’s election defeat, the President has leaned further into his expansive pardon powers — granting pardons to his first national security adviser, Michael Flynn, longtime ally Roger Stone and former campaign chairman Paul Manafort, among others.
Among Trump’s pardons earlier in his term were those for former Arizona Sheriff Joe Arpaio, right-wing commentator Dinesh D’Souza and financier Michael Milken.
California Governor Formally Appoints Alex Padilla To Fill US Senate Seat Vacated By Kamala Harris
(CNN) — California Gov. Gavin Newsom formally submitted the appointment of Alex Padilla to the US Senate today, according to a press release from the governor’s office.
Padilla formally resigned as Secretary of State this morning and Gov. Newsom also submitted his nomination letter for Assembly member Shirley Weber to replace him. The Deputy Secretary of State, James Schwab, will be the Acting Secretary of State.
“It is fitting that on the same day we celebrate the legacy of Dr. Martin Luther King, Jr. — a civil rights icon who fought for justice and representation — we also move forward the appointment of California’s first Latino U.S. Senator Alex Padilla and the nomination of Dr. Shirley Weber who will serve as the first-ever African American Secretary of State. Both will be strong defenders of our democracy during this fragile moment in our nation’s history,” said Gov. Newsom.
“I am humbled and honored by your trust in me to represent California in the United States Senate. I look forward to continuing to serve the great State of California as a United States Senator and to ensuring that the rights and democratic principles we cherish are protected and preserved for all people,” Padilla wrote in a letter to Gov. Newsom.
Some context: Earlier today, Vice President-elect Kamala Harris formally resigned her seat as one of California’s US Senators. She’ll be inaugurated as vice president on Wednesday, Jan. 20. In a farewell addressed posted to Twitter, Harris said, “Of course, I’m not saying goodbye. In many ways, I’m now saying hello as your vice president.”
Capitol Police Arrests Man With ‘Unauthorized’ Inauguration Credential & Gun
(New York Times) — The U.S. Capitol Police arrested a man at a security checkpoint in Washington on Friday after he flashed what an officer described as an “unauthorized” inauguration credential and a search of his truck found an unregistered handgun and more than 500 rounds of ammunition, the authorities said.
A federal law enforcement official said that the man, Wesley A. Beeler, 31, worked as a contractor, and that his credential was not fake, but was not recognized by the police officer. The official spoke on the condition of anonymity because he was not authorized to discuss the arrest.
Mr. Beeler’s father, Paul Beeler, said in an interview that his son was part of a security team working alongside the Capitol Police and the National Guard, and that his son must have simply left his personal gun in his truck. Wesley Beeler has an active private security license in Virginia and was approved to have a handgun, shotgun or patrol rifle while on assignments, according to a state website.
“It was an honest mistake,” Mr. Beeler told The Washington Post after being released on Saturday afternoon. He said he had been working a security job in Washington, was running late to work, and had forgotten that his firearm was in his truck. He denied having 500 rounds of ammunition, as listed in the police report.
“I pulled up to a checkpoint after getting lost in D.C. because I’m a country boy,” he told The Post. “I showed them the inauguration badge that was given to me.”
The arrest comes as law enforcement officials have tried to fortify Washington ahead of Inauguration Day on Wednesday, when they fear that extremists emboldened by the attack on the Capitol by President Trump’s supporters on Jan. 6 could seek to cause violence. A militarized “green zone” is being established downtown, National Guard members are flooding the city, and a metal fence has gone up around the Capitol grounds in advance of the swearing-in of President-elect Joseph R. Biden Jr.
Mr. Beeler, of Front Royal, Va., had driven up to a security checkpoint less than half a mile from the Capitol grounds on Friday evening and presented “an unauthorized inauguration credential,” according to a statement from a Capitol Police officer filed in a District of Columbia court on Saturday. The officer, Roger Dupont, said that he had checked the credential against a list and found that it did not give Mr. Beeler authority to enter the restricted area.
A spokeswoman for the Capitol Police later described the credential that Mr. Beeler had shown as “nongovernment issued.”
Officers searched his truck, which had several gun-related bumper stickers, and found a loaded Glock pistol, 509 rounds for the pistol and 21 shotgun shells, the police said. Mr. Beeler had admitted having the Glock in the truck’s center console when he was asked if there were weapons in the car, they said.
Mr. Beeler was charged with five crimes, including possessing a weapon and ammunition in Washington without having it registered as required. He and his lawyer did not respond to requests for comment on Saturday.
Paul Beeler said his son, a father of four, had held other security jobs over the years. “He was proud of the work he was doing with the police and the National Guard,” the father said.
Asked if he thought his son supported a peaceful transition of power, Paul Beeler said, “That’s the reason he’s there.”
The elder Beeler said he had grown worried about his son when he did not return his text messages on Friday night, and that he had called him on Saturday morning, when he thought his son would be returning to Virginia after his shift. He and his wife discovered that Mr. Beeler had been arrested when she received a call from a reporter, he said.
Law enforcement officials have said they are alarmed by chatter among far-right groups and other racist extremists who are threatening to target the nation’s capital to protest Mr. Biden’s electoral victory. Federal agencies have tried to keep some people who breached the Capitol with weapons earlier this month from returning to the city, including by restricting their ability to board commercial planes, according to an administration official.
Mr. Biden has resisted calls to move the inauguration ceremony indoors for the sake of safety. His inauguration committee had already been planning a scaled-back celebration with virtual components because of the coronavirus.
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