He attacked federal judges on Thursday for resisting policies like the President’s travel ban executive order5 and the decision to relax the federal program giving quasi-legal status to undocumented immigrants known as the Dreamers.
In a conference at the Heritage Foundation, the Attorney General laid claim of a number of policies and modernized legal arguments for which he warned the federal judges that they were obstructing some of those efforts becoming real through their disruptive orders.
“Some judges have failed to respect our representatives in Congress and failed to appropriately respect the prerogatives and perspectives of the executive branch”. He specifically referred to a federal district judge in Brooklyn-Nicholas Garaufis for publicly deprecating as ‘heartless’ the administration’s decision to end the program for the so-called Dreamers also known as Deferred Action For Childhood Arrivals at DACA. He questioned the judge for straying beyond the legal issues involved.
“Rather than address the question, the court said the government can’t come into court to espouse a position that is heartless. ‘He didn’t say it was unlawful. He said-I don’t like your policy.”
“Forgive me for feeling strongly about this-today, more and more judges are issuing nationwide injunctions and in effect single judges are making themselves super-legislators for the entire United States. A single judge’s decision can enjoin the entire federal government from acting. It’s an extreme step. Too often, district courts are doing it without following the law”
A judge’s comments on policy such as this are distasteful and insulting to the legislative and executive branches as well as attorneys in the Department of Justice. The constitution doesn’t give the judges right to reject a president’s action because they disagree on policy grounds.
There hasn’t been any judge to block the administration’s decision to end the DACA even though Clinton appointed Garaufis and other judges to question in detail Trump administration’s decision-making process.
The Attorney General gave an absolutely resolute statement that the Trump administration was saving the republic from a descent into lawlessness under President Barack Obama.
“Many indeed think this election was pretty important. Without what’s happening today, the rule of law may have well been lost behind us in a cloud of dust,” it’s very significant election I think for the legal system.”