(CNN)The
federal judge who sided with Texas and 25 other states to block
President Barack Obama's controversial immigration programs back in 2015
issued a scathing order on Thursday reprimanding Justice Department
lawyers for their behavior in the case.
In an unusual opinion,
replete with a reference to "Miracle on 34th Street," Judge Andrew
Hanen of the US. District Court for the Southern District of Texas
ordered that certain DOJ lawyers attend ethics courses.
Thursday's
order does not impact the executive actions, which Hanen previously
blocked. The Supreme Court heard arguments on the actions earlier this
year and is expected to issue a ruling on the merits by the end of June.
The
controversy arose when the government acknowledged early in the
litigation that it had made mistakes as to representing when the
government would begin implementing one of the programs.
Hanen
said that both he and opposing counsel were assured that the government
would not start implementing an expansion of a program called the
Deferred Action for Childhood Arrivals until February 18, 2015.
The judge relied upon that date when he enjoined the program effective February 16.
In actuality, the government implemented a part of the program before February and granted over 100,000 applications.
Hanen
said that after reading the government briefs on the issue he
determined that" Justice Department lawyers knew the true facts and
misrepresented those facts."
"Such
conduct is certainly not worthy of any department whose names includes
the word 'Justice'" Hanen wrote in the 28-page order that also includes
dialogue from the movie "Bridge of Spies." "Suffice it to say, the
citizens of all fifty states, their counsel, the affected aliens and the
judiciary all deserve better."
"An
attorney owes a duty of candor and honesty to the court, and at the
very least a duty not to misrepresent the facts to a judge or opposing
counsel," he wrote.
"The department strongly disagrees with the order" Justice Department spokesman Patrick Rodenbush said.
In
his order Hanen also requested that the government provide him with the
names, under seal, of the individuals in each of the plaintiff states
who were granted benefits during the time in which the attorneys for the
Justice Department "promised that no benefits were being conferred."
"This
is the latest of a long line of outrageous, outsized orders from this
court, all of which inflict real, lasting harm on Dreamers and
families," said Karen Tumlin, Legal Director of the National Immigration
Law Center." We urge the Department of Justice to take all necessary
steps to protect Dreamers and their families in light of this latest
order," she said.
Near
the end of the opinion he excerpted a portion of the film "Miracle on
34th Street" when a young Tommy Mara Jr. says 'Gosh, everybody knows you
shouldn't tell a lie, especially in court.'
"There are certain attorneys in the Justice Department who apparently have not received that message," Hanen said.
No comments:
Post a Comment