Of course it is.
The Trump era has unleashed complete insanity in the Federal judiciary. There’s no ruling that Carter/Clinton/Obama judges won’t issue to protect illegal aliens or undermine President Trump. Even existing laws and processes are suddenly being struck down because Trump.
Let’s have a quick look at the latest fit of unconstitutional judicial activism by the Clinton, Obama and Carter judges of the 9th.
The case involved Evelyn Sineneng-Smith and it was pretty open and shut.
Evidence presented at trial revealed that Sineneng-Smith operated an immigration consulting business in San Jose from 1990 to 2008, where she advised foreign nationals – mainly Filipino citizens who came to the United States on visitors’ visas – that they could obtain lawful permanent residence in the U.S. by applying for labor certification from DOL. Smith charged her victims $5,900 to file for the labor certifications, all the while knowing that the law had changed and her clients would not qualify for the benefit under existing regulations
According to the testimony of several victims, Sineneng-Smith not only failed to inform them that they were ineligible to obtain legal permanent residence under the updated laws, but also encouraged them to overstay their tourist visas so they could work illegally in residential healthcare facilities. Evidence showed Sineneng-Smith deposited more than $3.3 million in client payments from August 2004 through 2007.
In addition, Sineneng-Smith pleaded guilty earlier this year to two counts of willfully subscribing to a false tax return. In her plea agreement, Sineneng-Smith admitted she failed to disclose on her tax returns some of the income she received from her immigration consultation business for the 2002 and 2003 tax years. The omission of this income materially understated her gross income on the returns.
Smith was cashing in and allegedly defrauding her clients, the government and taxpayers.
She was convicted by a jury in Whyte’s court in 2013 of two counts of encouraging illegal immigration for personal financial gain and two counts of mail fraud.
Those counts concerned two female clients who had obtained work in a residential healthcare facility while on visitors’ visas and who were seeking labor certifications to become permanent residents. Sineneng-Smith assisted them in filing applications but failed to inform them they were not eligible to obtain permanent residence, according to prosecutors.
So of course the Left decided that she was a civil rights hero. And the 9th quickly got into it.
At oral arguments in April on Sineneng-Smith’s appeal, all three 9th Circuit judges expressed concerns about the government’s position that someone could be convicted under the statute, which makes it illegal to encourage or induce “an alien to come to, enter, or reside in the United States knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.”
“What is the limit of this statute?” Judge Marsha Berzon asked. “If I have a neighbor and he’s illegal, and he comes to me and says, ‘Should I stay or should I leave? What should I do?’ and I say, ‘Stay, because they’re probably not going to find you,’ is that a crime? … Encourage is a pretty loose word; what does it mean?”
It’s pretty clear what it means. But Berzon was appointed by Bill Clinton. And now an existing law has been struck down because it might interfere with illegal migration.
Judge A. Wallace Tashima said the statute appeared to apply to statements amounting to “pure advocacy on a hotly debated issue in our society.”
“Criminalizing expression like this threatens almost anyone willing to weigh in on the debate,” Tashima wrote in a 42-page opinion issued Tuesday.
That’s a nonsensical lie.
No one is prosecuted for arguing or advocating. They’re being prosecuted for actually committing an act.
Tashima’s ruling Tuesday was joined by Judges Marsha Berzon and Andrew Hurwitz. Tashima and Berzon were appointed by President Bill Clinton. Hurwitz was appointed by President Barack Obama.
And so the 9th continues its political coup against the United States.