Tag: Emmet Sullivan

DHS Announces Asylum Seekers Must Wait in Mexico While Claims Processed

The Department of Homeland Security has announced that individuals seeking asylum within the United States will be returned to Mexico “for the duration of their immigration proceedings.”

“Effective immediately, the United States will begin the process of invoking Section 235(b)(2)(C) of the Immigration and Nationality Act,” announced DHS.  “Under the Migration Protection Protocols (MPP), individuals arriving in or entering the United States from Mexico—illegally or without proper documentation—may be returned to Mexico for the duration of their immigration proceedings.”

DHS hopes the new rules will help curb the exploitation of asylum loopholes within the U.S. immigration process. The agency has seen a 2,000 percent increase in aliens claiming “credible fear,” which is the first step in obtaining asylum. DHS says most of the claims “are not meritorious.” 

“…Nine out of ten asylum claims are not granted by a federal immigration judge,” states a department press release. “However, by the time a judge has ordered them removed from the United States, many have vanished.”

Homeland Security Secretary Kirstjen Nielsen said, “Aliens trying to game the system to get into our country illegally will no longer be able to disappear into the United States, where many skip their court dates.  Instead, they will wait for an immigration court decision while they are in Mexico.  ‘Catch and release’ will be replaced with ‘catch and return.’  In doing so, we will reduce illegal migration by removing one of the key incentives that encourages people from taking the dangerous journey to the United States in the first place.  This will also allow us to focus more attention on those who are actually fleeing persecution.”

Homeland Security’s Process for Asylum Seekers:

  • “Aliens trying to enter the U.S. to claim asylum will no longer be released into our country, where they often disappear before a court can determine their claim’s merits.
  • Instead, those aliens will be processed by DHS and given a “Notice to Appear” for their immigration court hearing.
  • While they wait in Mexico, the Mexican government has made its own determination to provide such individuals humanitarian visas, work authorization, and other protections. Aliens will have access to immigration attorneys and to the U.S. for their court hearings.
  • Aliens whose claims are upheld by U.S. judges will be allowed in. Those without valid claims will be deported to their home countries.”
Yesterday a federal judge ruled that asylum seekers who sued the U.S. after being deported must be brought back into the country to have their claims heard again.

The ruling–by Judge Emmet G. Sullivan–comes one day after he presided over the dramatic sentencing hearing of former National Security Adviser Michael Flynn.

Sullivan stated in his ruling, “The Court holds that it has jurisdiction to hear plaintiffs’ challenges to the credible fear policies, that it has the authority to order the injunctive relief, and that, with the exception of two policies, the new credible fear policies are arbitrary, capricious, and in violation of the immigration laws.”

He also ordered the government to “return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations consistent with the immigration laws.”

Judge in Flynn Case Orders Deported Asylum Seekers Back to U.S.

U.S. District Judge Emmet G. Sullivan has ordered that asylum seekers who sued the U.S. after being deported must be brought back into the country to have their claims heard again.

The ruling from Sullivan comes one day after he presided over the dramatic sentencing hearing of former National Security Adviser Michael Flynn.

Sullivan stated in his ruling today, “The Court holds that it has jurisdiction to hear plaintiffs’ challenges to the credible fear policies, that it has the authority to order the injunctive relief, and that, with the exception of two policies, the new credible fear policies are arbitrary, capricious, and in violation of the immigration laws.”

He also ordered the government to “return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations consistent with the immigration laws.”

The new immigration policies referenced by Sullivan were policies enacted by then-Attorney General Jeff Sessions and were meant to curb the number of “credible fear” claims.

In June, Sessions said, “The vast majority of the current asylum claims are not valid. For the last five years, only 20 percent of claims have been found to be meritorious after a hearing before an immigration judge.”

In November, the ACLU represented a group of asylum seekers who sued the Trump administration over the asylum policies.

For the full story, click HERE.

Judge Delays Sentencing in Michael Flynn Case

U.S. District Judge Emmet G. Sullivan has delayed sentencing for former National Security Adviser Michael Flynn until his ongoing cooperation with federal authorities is complete.

During a dramatic hearing today, Sullivan asked Flynn if he wanted to delay the sentencing process so that his full cooperation with investigators could be considered. The judge told Flynn, “I cannot assure you that if you proceed today [with the sentencing], you will not receive a sentence of incarceration.”

Robert Kelner, one of Flynn’s attorneys told the judge, “There’s that additional modicum of cooperation that he expects to provide in the [Eastern District of Virginia.] For that reason, we are prepared to take your honor up on the suggestion to delaying sentencing.”

Sullivan also repeatedly asked Flynn if he wanted to withdraw his guilty plea for lying to the FBI during a January 2017 interview. Flynn stated he did not wish to withdraw his plea.

After initially issuing what was described as “scathing” questions about whether or not Flynn committed treason, Sullivan later clarified his remarks, saying he wasn’t suggesting the Lieutenant General’s actions were treasonous but that he was “just curious.”

Mueller’s prosecutors said, “After looking at the definition of treason, we have no reason to believe he committed treason.”

Sullivan set a status hearing for March 13, 2019.

 

 

 

HUGE: Judge Orders Mueller to Turn Over Key Documents in Flynn Case

The federal judge overseeing former national security adviser Michael Flynn’s case has ordered Robert Mueller to hand over key documents after it was revealed the FBI suggested Flynn to not have an attorney present for the interview that eventually led to his pleading guilty to lying to the FBI.

U.S. District Judge Emmet G. Sullivan ordered Mueller’s team to hand over any “302s or memoranda” related to Flynn’s questioning by 3:00 p.m. ET Friday.

The 302 reports are summaries of FBI interviews. Usually written soon after the questioning, Flynn’s report was dated August 22, 2017–nearly seven months after his meeting with FBI agents took place.

Fox News reports:

The judge’s brief order states that Mueller can choose to file the materials under seal if necessary. Sullivan also ordered the Flynn team to turn over the documents backing up its assertions. The judge could determine why the FBI apparently took a significantly more aggressive tack in handling the Flynn interview than it did during other similar matters, including the agency’s sit-downs with Hillary Clinton and ex-Trump adviser George Papadopoulos. Flynn is set to be sentenced next Tuesday — but Sullivan’s move might delay that date, or lead to other dramatic and unexpected changes in the case. Sullivan even has the authority to toss Flynn’s guilty plea and the charge against him if he concludes that the FBI interfered with Flynn’s constitutional right to counsel, although he has given no indications that he intends to do so.

On Tuesday, Flynn’s attorneys filed a sentencing memo in which they cited the 302 report from his interview with the FBI which show then-Deputy FBI Director Andrew McCabe urging Flynn to not have an attorney present for the questioning.

**LISTEN: Dan discusses disturbing revelations in Flynn sentencing memo**

“I explained that I thought the quickest way to get this done was to have a conversation between [Flynn] and the agents only,” McCabe wrote. “I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House counsel for instance, that I would need to involve the Department of Justice. [Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants.”

Flynn’s report also stated, “The agents did not provide Gen. Flynn with a warning of the penalties for making a false statement under 18 U.S.C. 1001 before, during, or after the interview.”

Before the interview, McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport.”

The Flynn memo points out that the 302 report reveals that FBI agents strategized on how to handle Flynn if he did not remember exactly what he had said in his phone conversation with then-Russian Ambassador Sergey Kislyak because the agents had already read transcripts of the phone call.

The memo states that FBI officials decided if “Flynn said he did not remember something they knew he said, they would use the exact words Flynn used … to try to refresh his recollection. If Flynn still would not confirm what he said … they would not confront him or talk him through it.”

 

Hillary Under Oath: Judge Rules Clinton Must answer These Two Questions Under Oath

Judicial Watch announced today that a federal judge has ruled that former Secretary of State Hillary Clinton has 30 days to answer questions under oath about her email server.

The questions date back to 2016, when Clinton was required to submit answers to Judicial Watch’s multiple inquiries under oath.  She refused, and instead responded that she did “not recall” 20 separate times in her answers concerning her personal email system.

After what Judicial Watch describes as a “lengthy hearing” yesterday, Judge Emmet Sullivan ruled that Clinton must answer the following two questions under oath:

  1. Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.
  2. During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.
Judicial Watch President Tom Fitton said of the ruling, “It is shameful that Judicial Watch attorneys must continue to battle the State and Justice Departments, which still defend Hillary Clinton, for basic answers to our questions about Clinton’s email misconduct.”

The court refused to unseal deposition videos of Clinton State Department officials such as Huma Abedin and Cheryl Mills. it also upheld Clinton’s objections about why she refused to stop using her personal Blackberry device as a form of communication, despite security warnings from State Department personnel.

The hearing and court ruling are part of the latest developments in Judicial Watch’s Freedom of Information Act (FOIA) lawsuit about the employment status of Clinton’s former deputy chief of staff, Huma Abedin, who was engaged in outside employment while serving at the State Department. The case was reopened, Judicial Watch explains, because of the discovery of Clinton’s use of a private email server.