{"id":7728,"date":"2014-11-20T18:38:15","date_gmt":"2014-11-20T18:38:15","guid":{"rendered":""},"modified":"2014-11-20T18:38:15","modified_gmt":"2014-11-20T18:38:15","slug":"jeffrey_toobin_distorts_to_defend_obama","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2014\/11\/20\/jeffrey_toobin_distorts_to_defend_obama\/","title":{"rendered":"Jeffrey Toobin Distorts to Defend Obama"},"content":{"rendered":"

\"Listen<\/a><\/p>\n

RUSH: Looky here. Looky here, ladies and gentlemen. Jeffrey Toobin on CNN has just finished explaining that it is prosecutorial discretion that Obama will use to justify what he\u2019s doing tonight. Ashleigh Banfield said, “If the president\u2019s actions effectively nullify federal law, then they\u2019re unconstitutional. But if they\u2019re merely to channel enforcement resources to other areas, then it\u2019s within his discretion to do so, right? Is the layperson\u2019s version of that, if you\u2019re going 70 in a 55 zone, the policeman might pull you over. But if you\u2019re going 60 he might use that discretion and say, ‘I\u2019m gonna let you go. I\u2019m gonna go after the real speeders\u2019?”<\/p>\n

TOOBIN: Think about it in a different context. Colorado and Washington state have legalized marijuana.<\/p>\n

RUSH: Yes.<\/p>\n

TOOBIN: Marijuana is still illegal under federal law.<\/p>\n

RUSH: Yes.<\/p>\n

TOOBIN: But what the Obama administration has done has said effectively, “We are gonna put Washington and Colorado on probation. So we are not gonna prosecute marijuana cases, except in certain limited circumstances in those states to see how it goes.” Now, that\u2019s not overturning the federal prohibitions on marijuana law. It\u2019s an exercise of prosecutorial discretion saying, “We\u2019re not gonna bring those cases for the time being.” That\u2019s a similar thing to what\u2019s happening with immigration now.<\/line><\/p>\n

RUSH: That is a total distortion of what is happening tonight, and this is what infuriates me. I maintain this guy knows better. He is just being a good political foot soldier. But when the Constitution is involved, this being a good foot soldier ought not count for anything. The Constitution ought to be inviolate. It ought to be inviolate. There ought to be respect and reverence enough for the Constitution everywhere that wherever it\u2019s violated, no matter what your politics, you\u2019re called a violator on it. <\/p>\n

But, no, these people are distorting themselves into all kinds of pretzel-like shapes in order to say that what he\u2019s doing is legal. Let me run through this again. President Obama is claiming that he has prosecutorial authority, which he does, the executive branch does. What he\u2019s saying is, “You know what? I\u2019m not gonna prosecute illegal immigrants anymore. I\u2019m gonna pick five million of \u2019em, I\u2019m not gonna prosecute \u2019em anymore and I\u2019m gonna tell the Border Patrol and ICE and everybody stand down, and then I\u2019m gonna give \u2019em work permits. I\u2019m not violating any law. I\u2019m not creating new law. I\u2019m just claiming that I\u2019m not gonna prosecute \u2019em.” <\/p>\n

He does not have the constitutional authority to do this. He\u2019s claiming he\u2019s got the power to declare criminal acts lawful. In Ashleigh Banfield\u2019s example, okay, find somebody going 70 in a 55-mile-an-hour zone, if you don\u2019t give them a ticket, it doesn\u2019t mean 70 miles in a 55 zone is legal. But Obama is claiming that by not choosing to prosecute these five million, he\u2019s turning them into legal residents, and he can\u2019t do that. Only Congress can do that by another act of law. There is a statute. Obama cannot change the statute. <\/p>\n

This is a key point. Just because he chooses not to prosecute these five million does not make them legal. And it does not make what they\u2019ve done legal. And it does not open the floodgates for other illegals to be proclaimed legal. He simply doesn\u2019t have the authority, and I maintain to you that Toobin has to know this. To declare that criminal acts are somehow lawful, that illegal aliens after tonight at eight o\u2019clock, will now have a right to be here just because Obama\u2019s chose not to prosecute them? <\/p>\n

Not true, folks. He does not have that authority. He does not have that power, and no president before him has ever done this. Reagan didn\u2019t do this. Bush didn\u2019t do this. Furthermore, what Obama\u2019s gonna do tonight, those who engage in this unprosecuted activity, the illegal immigrants whose violations we\u2019re not gonna prosecute, they\u2019re gonna be rewarded. They\u2019re gonna be given benefits. They\u2019re gonna be relieved from deportation. They\u2019re gonna be given work benefits as if their illegal acts are some sort of valuable community service here. <\/line><\/p>\n

This is wrong multiplied two or three times. This is an utter corruption, perversion of prosecutorial discretion. It\u2019s blatant. He doesn\u2019t have the constitutional or legal authority to do this. And these legal leftist analysts on cable TV stretching and bending themselves into these weird shapes in order to justify this should be ashamed. I maintain that they know exactly what\u2019s going on here, and they\u2019re politicizing it.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: If Jeffrey Toobin were being honest, let me tell you what his analogy would be. You just heard Jeffrey Toobin on CNN say, “This is no different than a temporary suspension of the marijuana laws in Colorado and Washington, and we\u2019re gonna see how it goes, and we\u2019ll make a decision later on. We\u2019ll see how it goes.” No, no, no. What Obama is doing in this example Toobin gives is not prosecutorial discretion in deciding not to stop busting people for an ounce of marijuana. No, no. The correct analogy would be Obama would give them a permit to buy some. That\u2019s the correct analogy. Toobin has got this all wrong.<\/p>\n

The bottom line is, folks, why in the world did Obama run around for the past whatever it was, year and a half or two years, claiming he didn\u2019t have the authority to do this? Why did he run around saying he wasn\u2019t an emperor? He\u2019s the one that did it. Nobody put words in his mouth. He knows that what he\u2019s doing is illegal tonight. He knows he doesn\u2019t have the authority to do it, and so does Toobin. And to cite the marijuana laws, if Obama was gonna do in Colorado and Washington what he is doing with illegal immigrants, it wouldn\u2019t be ignore people that smoke dope; it would be give them some. That\u2019s the correct analogy. <\/p>\n

Obama is gonna be bestowing benefits tonight. He is going to claim that he\u2019s taking illegal aliens and converting them to legal simply by choosing not to prosecute them. That\u2019s not it works, and he doesn\u2019t have the authority to do that. Only Congress can change legal status like that with another enactment of law or an amendment to law or whatever. He cannot just unilaterally do this, and he knows it. And so does every one of his supporters from Josh Earnest to Toobin to whoever it is out there comporting themselves in weird pretzel-like shapes in order to justify this.<\/line><\/p>\n

Prosecutors cannot write the laws. Okay, you\u2019ve got a prosecutor. Let\u2019s say, I don\u2019t know, pick a law in your local county that somebody gets prosecuted for, and all of a sudden the prosecutor says, “You know what? I don\u2019t have time. I don\u2019t have the trouble, and I can\u2019t do it. We\u2019re not gonna prosecute this case.” That does not mean the law has been rewritten so that what action is being ignored has all of a sudden become legal. Prosecutors cannot write the law. And just because they choose which ones to prosecute or not prosecute doesn\u2019t mean they\u2019re rewriting the law, and it doesn\u2019t mean that they have the ability to proclaim that something that\u2019s illegal is now legal. <\/p>\n

He simply doesn\u2019t have this authority. There\u2019s no way. You can stretch this, you can bend it, you can shape it, you can massage it, you can do whatever you want. You can have all of your political buddies line up and give it their best intellectual shot, and at the end of all that, it\u2019s still illegal, unconstitutional, and not permitted. There is no halfway. There\u2019s no, “Well, it might be.” There is none of that, folks. This is cut-and-dried. He\u2019s violating the oath that he took. He swore to defend and protect the Constitution, the laws, that\u2019s out the window. And he knows it. <\/p>\n

Why run around for two years and claim to every Hispanic audience that was giving him the business about it. (imitating Obama) “Well, you know what? We have our laws, and I\u2019m not an emperor. I can\u2019t write my own law.” Well, he\u2019s gonna write his own law tonight. He\u2019s just gonna go (raspberry) to anybody that doesn\u2019t like it. But this marijuana example, I\u2019m telling you, the analogy, if it were to be complete, Obama, if he were going to do with marijuana and busts and the law what he\u2019s doing with illegals, it would not be he\u2019s just gonna ignore people that smoke dope. He would give them some tonight in violation of the law. <\/p>\n

Anyway, let me get started on the phones \u2019cause if I don\u2019t I\u2019m just gonna keep going here, \u2019cause the brain is firing on all synapses. <\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: Looky here. Looky here, ladies and gentlemen. Jeffrey Toobin on CNN has just finished explaining that it is prosecutorial discretion that Obama will use to justify what he\u2019s doing tonight. Ashleigh Banfield said, “If the president\u2019s actions effectively nullify federal law, then they\u2019re unconstitutional. 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