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Judicial Watch • Ted Cruz Legal Limit Report No. 4

Ted Cruz Legal Limit Report No. 4

Ted Cruz Legal Limit Report No. 4

Page 1: Ted Cruz Legal Limit Report No. 4


Number of Pages:16

Date Created:May 6, 2014

Date Uploaded to the Library:May 15, 2014

Tags:al Qaeda, cfpb, HHS, Benghazi, ATF, Obama, White House, DOJ, Supreme Court, IRS

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U.S. Senator 

Report No.
 The Obama Administrations Abuse Power U.S. Senator Ted Cruz (R-TX)
 Ranking Member
 Senate Judiciary Subcommittee The Constitution,
 Civil Rights and Human Rights all the troubling aspects the Obama presidency, none more dangerous than the President's persistent pattern lawlessness, his willingness disregard the written law and instead enforce his own policies via executive fiat. 
The President's taste for unilateral action circumvent Congress should concern every citizen, regardless party ideology. The great 18th-century political philosopher Montesquieu observed: There can liberty where the legislative and executive powers are united the same person, body magistrates. America's Founding Fathers took this warning heart, and should too. 
Rule law doesnt simply mean that society has laws; dictatorships are often characterized abundance laws. Rather, rule law means that are nation ruled laws, not men. oneand especially not the presidentis above the law. For that reason, the U.S. Constitution imposes every president the express duty take Care that the Laws faithfully executed. 
Rather than honor this duty, President Obama has openly defied repeatedly suspending, delaying, and waiving portions the laws that charged enforce. When President Obama disagreed with federal immigration laws, instructed the Justice Department cease enforcing the laws. did the same thing with federal welfare law, drug laws, and the federal Defense Marriage Act. the more than two centuries our nations history, there simply precedent for the White House wantonly ignoring federal law and asking others the same. 
For all those who are silent now: What would they think Republican president who announced that was going ignore the law, unilaterally change the law? Imagine future president setting aside environmental laws, tax laws, labor laws, tort laws with which she disagreed. 
That would wrongand the Obama precedent that opening the door for future lawlessness. Montesquieu knew, imperial presidency threatens the liberty every citizen. Because when president can pick and choose which laws follow and which ignore, longer president. 

 Other)Abuses)of)Power) 10! 
Disregarded 1996 welfare reform law granting broad work waivers for work 
requirements Temporary Assistance for Needy Families (TANF).1	 
Implemented portions the DREAM Act, which Congress rejected, executive 
Ended some terror asylum restrictions, allowing asylum for people who provided only insignificant limited material support terrorists.3	 
Allowed immigrants the U.S. illegally, who are relatives military troops and 
veterans, stay the country and get legal status.4	 
Extended federal marriage benefits recognizing, under federal law, same-sex marriages created state that allows same-sex marriage even the couple living state that doesnt recognize same-sex marriage.5	 
Recognized same-sex marriage Utah, even though the Supreme Court stayed the court order recognizing same-sex marriage Utah and Utah said would not recognize same-sex marriages performed before the stay.6	 
Refused prosecute violation drug laws with certain mandatory minimums.7	 
Issued signing statements, refusing enforce parts congressional-enacted statutes.8	 
Illegally refused act Yucca Mountains application become nuclear waste repository.9 Caroline May, Obama administration guts welfare reform with new HHS rule, Daily Caller, Jul. 13, 2012. Mark Krikorian, Today A-Day, National Review Online, Aug. 15, 2012. Reid Epstein, Obama administration ends some terror asylum restrictions, Politico, Feb. 2014. Julia Preston, Immigrants Closely Tied Military Get Reprieve, N.Y. Times, Nov. 15, 2013. Matt Apuzzo, More Federal Privileges Extend Same-Sex Couples, N.Y. Times, Feb. 2014. Charlie Savagejan, U.S. Recognize Utah Gay Marriage Despite State Stance, N.Y. Times, Jan. 10, 2014. Pete Williams Michael OBrien, Holder: New Approach reduce mandatory drug sentences, NBC News, 
Aug. 12, 2013. Charlie Savage, Obama Takes New Route Opposing Parts Laws, N.Y. Times, Jan. 2010. Joel Pollak, Nuclear fallout: Yucca decision would affect immigration, obamacare, Breitbart, Aug. 14, 2013. NationalSecurity	 
Falsely portrayed the Benghazi terrorist attack spontaneous protest against anti-Muslim YouTube video,10 and then lied about the White Houses involvement.11	 
Illegally revealed the existence sealed indictments the Benghazi investigation.12	 
Failed enforce the Magnitsky Act required law, not adding Russian human rights abusers list people not permitted travel business the U.S.13	 
Killed four Americans overseas counterterrorism operations without judicial process.14	 
Continued give Egypt aid after the military took over its government, even though federal law prohibits aid Egypt the event coup.15 Bill Flax, Benghazi: Four Americans Died, Obama Lied, and the Press Complied, Forbes, Oct. 18, 2012. Michael Shear, Email Suggests White House Strategy Benghazi, N.Y. Times, Apr. 30, 2014. Mike Levine, President Obamas Surprise Revelation Sealed Benghazi Indictment, ABC News, Aug. 2013. Obamas Magnitsky Walkback, Wall St. J., Jan. 2014. Karen DeYoung Peter Finn, U.S. acknowledges killing four U.S. citizens counterterrorism operations, 
Wash. Post, May 22, 2013. White House says U.S. has not cut off aid Egypt, Reuters, Aug. 20, 2013.

Granted hardship exemption from the individual mandate for people whose health plans were canceled because their plans werent Obamacare compliant.16	 
Delayed the individual mandate for two years.17	 
Allowed individuals buy health insurance plans 2014 that did not comply with Obamacare.18 Extended this delay until 2016past the mid-term elections.19	 
Extended the deadline enroll Obamacare.20	 
Illegally granted businesses waiver from Obamacares employer mandate.21 Twice.22	 
Illegally continued the Obamacare employer contribution for congressional staffs.23	 
Illegally delayed the Obamacare caps out-of-pocket healthcare payments.24	 
Illegally delayed Obamacare verification eligibility for healthcare subsidies.25	 
Illegally required people violate their faith via the Obamacare contraception mandate.26 

10. May 2011, over 50% Obamacare waiver beneficiaries were union members (who account for less than 12% the American work force).27 Margaret Talev Alex Wayne, Obama Lifts Health Mandate for Those With Canceled Plans,, 
Dec. 20, 2013. ObamaCares Secret Mandate Exemption, Wall St. J., Mar. 11, 2014. Stephanie Condon, Obama letting people keep canceled health plans for another year,, Nov. 14, 
2013. Louise Radnofsky, Obama Gives Health Plans Added Two-Year Reprieve, Wall St. J., Mar. 2014. David Martosko, Busted! After promising no delay final Obamacare sign-up deadline, Obama administration 
unveils new honor system extension through mid-April, Daily Mail, March 25, 2014. Sarah Kliff, White House delays employer mandate requirement until 2015, Wash. Post, July 2013. Juliet Eilperin Amy Goldstein, White House delays health insurance mandate for medium-seized employers 
until 2016, Wash. Post, Feb. 10, 2014. Ezra Klein, 2014, Congress gets Obamacare. Heres how theyll pay for it., Wash. Post, Aug. 2013. Avik Roy, Yet Another White House Obamacare Delay: Out-Of-Pocket Caps Waived Until 2015, Forbes, Aug. 
13, 2013. Avik Roy, Not Qualified for Obamacares Subsidies? Just lie  Govt. Use Honor System Without Verifying
 Your Eligibility, Forbes, July 2013. Joel Gehrke, Little Sisters the Poor sue over Obamacare fines, contraception requirement, Wash. Examiner, 
Sept. 24, 2013. Milton Wolf, Obamacare waiver corruption must stop, Wash. Times, May 20, 2011.

Ordered Boeing fire 1,000 employees South Carolina and shut down new factory because was non-union.28	 
Implemented moratorium offshore drilling after the Deepwater Horizon oil spill without statutory authority, and continued enact new versions after federal courts repeatedly invalidated the moratorium.29	 
Treated secured creditors worse than unsecured creditors the Chrysler bankruptcy.30	 
Terminated the pensions 20,000 non-union Delphi employees the bankruptcy.31	 
Had SWAT teams raid Gibson guitar factory and seize property, the purported basis that Gibson had broken Indias environmental lawsbut charges were filed.32	 
Government agencies are engaging Operation Choke Point, where the government asks banks choke off access financial services for customers engaging conduct the Administration does not likesuch ammunition sales.33 Steven Greenhouse, Labor Board Tells Boeing New Factory Breaks Law, N.Y. Times, Apr. 20, 2011. Frederic Frommer, Government takes third attempt drilling moratorium, Associated Press, Jul. 13, 2010. offer you cant refuse, The Economist, May 2009. Emails: Geithner, Treasury drove cutoff nonunion Delphi workers pensions, Daily Caller, Aug. 2012; 
Report: Obama administration played key role Bankruptcy pensions cut for salaried workers, not
 unionized ones, Associated Press, Aug 16, 2013. Deborah Zabarenko, Gibson Guitar CEO slams U.S. raids overreach, Reuters, Oct. 12, 2011. Frank Keating, Justice Puts Banks Choke Hold, Wall St. J., Apr. 24, 2014.

Made illegal recess appointments the Consumer Financial Protection Bureau and the National Labor Relations Board when Congress wasnt recess.34 Ignored the rulings three federal courts appeals that held those nominations unconstitutional.	 
Appointed czars oversee federal policy specifically because czars not require Senate confirmation, earning criticism from stalwart Democrats such West Virginia Sen. Robert Byrd35 and Wisconsin Sen. Russ Feingold.36 January 2012, the Presidents executive office staff owed $833,970 back taxes.37 2011, 311,566 federal employees retirees owed $3.5 billion taxes.38 Timothy Noah, Cordrays Recess Appointment Sure Doesnt Look Constitutional Me, New Republic, Jan. 
2012. John Bresnahan, Byrd: Obama power grab, Politico, Feb. 25, 2009. Jordan Fabian, Feingold questions Obama czars, The Hill, Sept. 16, 2009. Andrew Malcolm, Obama aides owe $833,000 back taxes, Investors Business Daily, Jan. 26, 2012. Richard Rubin, Number Tax-Delinquent Government Workers 11.5%, Bloomberg, Mar. 2013.

Illegally targeted conservative groups for heightened IRS scrutiny.39	 
Circumvented the Freedom Information Act, requiring White House Counsel review all documents released under the Freedom Information Act that the Administration believed pertained White House equitiesand then delayed producing many these documents FOIAs statutory deadline, didnt produce them all.40	 
Got secret permission from the FISA Court reverse restrictions the National Security Agencys use intercepted phone calls and emails, permitting the NSA search Americans communications its databases.41	 
The Consumer Financial Protection Bureau seeking monitor about 80% U.S. credit card transactions.42	 
Targeted Fox News reporter James Rosen falsely labeling him possible coconspirator criminal investigation new leak.43	 
Secretly obtained phone records from staff the Associated Press.44	 
Had meetings with lobbyists coffee shops near White House avoid disclosure requirements.45 Greg Sargent, Conservatives have themselves real scandal their hands, Wash. Post, May 10, 2013. Mark Tapscott, Most transparent White House ever rewrote the FOIA suppress politically sensitive docs, 
Wash. Examiner, Mar. 18, 2014. Ellen Nakashima, Obama administration had restrictions NSA reversed 2011, Wash. Post, Sept. 2013. Richard Pollock, CFPBs data-mining consumer credit cards challenged heated House hearing, Sept. 13, 
2013. Another Chilling Leak Investigation, N.Y. Times, May 21, 2013. Mark Sherman, Govt obtains wide phone records probe, Yahoo News, May 13, 2013. Eric Lichtblau, Across From White House, Coffee With Lobbyists, N.Y. Times, June 24, 2010.

Aided drug cartels instead enforcing immigration lawsas found federal judge.  Border Patrol agents, multiple times, knowingly helped smuggle illegal immigrant children into the U.S.; the DHS encouraging parents seriously jeopardize the safety their children.46	 
Illegally sold thousands guns criminals, the operation known Fast and 
Furious,47 and then refused comply with congressional subpoenas about the 
Dismissed charges filed Bush Administration against New Black Panther Party members who were videotaped intimidating voters Philadelphia polling station during the 2008 election.49	 
Argued for expansive federal powers the Supreme Court, which has rejected the Administrations arguments unanimously times since January 2012.50	 
Sued Louisiana stop school vouchers and keep low-income minorities trapped failing schools.51	 
Threatened arrest military priests for practicing their faith during the partial 
government shutdown.52	 
Muzzled the speech military chaplains.53	 
Sued fire departments saying their multiple-choice, open-book written employment tests were racially discriminatory.54	 
Gave 23,994 tax refunds worth more than $46 million aliens here illegally using the same address Atlanta, GA.55 Stephen Dinan, Border Patrol helps smuggle illegal immigrant children into the United States, Wash. Times, Dec. 
19, 2013. DOJ Inspector General, Review ATFs Operation Fast and Furious and Related Matters, Sept. 2012. Jerry Seper Stephen Dinan, GOP sues force Obama, Holder compliance Fast and Furious, Wash. Times, 
Aug. 13, 2012. Kevin Bohn, Justice Department drops charges voter intimidation case,, May 28, 2009. Senator Ted Cruz, The Legal Limit: The Obama Administrations Attempts Expand Federal Power; Senator
 Ted Cruz, Addendum  More Cases Obama DOJs Expansive View Federal Power; Senator Ted Cruz, 
Addendum  More Cases Obama DOJs Expansive View Federal Power. Obama, Holder Stand Louisiana Schoolhouse Door, Investors Business Daily, Aug. 30, 2013. Alex Pappas, Priests threatened with arrest they minister military during shutdown, Daily Caller, Oct. 
2013. George Neumayr, Muzzling Military Chaplains, The American Spectator, Jan. 2013. Editorial: Firehouse flunkies, Wash. Times, Mar. 2011.

Released mentally ill Guantanamo detainee,56 who had been high-risk Qaeda fighter jihad combat since the 1980s.57	 
Backed release the Lockerbie bomber, Abdel Baset al-Megrahi.58	 
President Obama told NASA administrator find way reach out the Muslim world.59	 
Claimed the Fort Hood shooting was workplace violence rather than terrorism.60	 
Signed stimulus bill that spent money bonuses for AIG executives,61 and then acted shocked and outraged the bonuses.62	 
Gave $535 million Solyndra, which went bankrupt; Solyndra shareholders and officials made substantial donations Obamas campaign.63	 
Reneged campaign promise cut the deficit half the end his first term office.64	 
Increased the national debt more one term than President Bush did two terms.65	 
Extended mortgage assistance people who bought multiple homes during the housing bubble.66 

Proposed rules that would have decimated family farms, prohibiting children under from doing many forms farm work.67 Terence Jeffrey, IRS Sent $46,378,040 Refunds 23,994 Unauthorized Aliens Atlanta Address,, June 21, 2013. U.S. judge orders release mentally ill Guantanamo prisoner, Yahoo News, Oct. 2013. The Guantanamo Docket: Ibrahim Othman Ibrahim Idris, N.Y. Times. Jason Allardyce Tony Allen-Mills, White House backed release Lockerbie bomber Abdel Baset al-Megrahi, 
The Australian, July 26, 2010. Alex Pepper, White House, NASA, Defend Comments About NASA Outreach Muslim World Criticized
 Conservatives,, July 2010. Aaron Goldstein, Obama Still Doesnt Get 9/11, American Spectator, Sept. 11, 2012. Dana Bash Ted Barrett, Bonuses allowed stimulus bill,, Mar. 18, 2009. Helene Cooper, Obama Orders Treasury Chief Try Block A.I.G. Bonuses, N.Y Times, Mar. 16, 2009. Bankrupt solar company with fed backing has cozy ties Obama admin, Daily Caller, Sept. 2011. Josh Gerstein, unmet promises President Obama, Politico, Oct. 16, 2012. Mark Knoller, National Debt has increased more under Obama than under Bush,, Mar. 19, 2012. Prashant Gopal, Boom-Era Property Speculators Get Foreclosure Aid: Mortgages, Bloomberg, Mar. 2012. Washington Elitists Want Take Over the Family Farm, Investors Business Daily, Apr. 26, 2012; Dave
 Jamieson, Child Labor Farm Rules Scrapped White House Under Political Pressure, Huffington Post, Apr. 27, 
Former safe schools czar has written about his past drug abuse and advocated 
promoting homosexuality schools.68

Nominated Timothy Geithnerwho had significant tax issues69to head the Treasury Department, which enforces tax laws. 

Reneged campaign promise broadcast healthcare reform negotiations C-SPAN.70 

Reneged campaign promise wait five days before signing any non-emergency bill (at least times during first months office).71 

Unilaterally, increased the minimum wage for federal contract workers from $7.25 $10.10, via executive order.72 

Cancelled all White House tours after sequestrationpurportedly saving $18,000 per weekeven though President Obama had spent more than million tax money golf with Tiger Woods one weekend few weeks before.73 

Adopted pro-union ambush election rules.74 

Pressured Ford pull anti-auto-bailout ad.75 

Actively, aided George Zimmerman protests.76 

Tried seize privately owned motel when guests used illegal drugs the motel.77 

Shut down the Amber Alert website, while keeping Lets Move website, during the partial government shutdown.78 

Gave supervised release convicted criminal (an alien here illegally) who later killed nun DUI.79 Maxim Lott, Critics Assail Obamas Safe Schools Czar, Say Hes Wrong Man For the Job,, Sept. 
23, 2009. Jonathan Weisman, Geithners Tax History Muddles Confirmation, Wall St. J., Jan. 14, 2009. Chip Reid, Obama Reneges Health Care Transparency,, Jan. 2010. Jim Harper, The Promise That Keeps Breaking, The Cato Institute, Apr. 13, 2009. Henry, Obama sign executive order raising minimum wage for federal contractors,, Jan. 28, 
2014. Tom Blumer, Our Petty, Country-Be-Damned President, Media, Mar. 2013. Senator John Thune, NLRBs ambush elections would hurt local businesses, The Hill, Apr. 19, 2012. Daniel Howes, Pressures Ford Pull Bailout Ad,, Sept. 27, 2011. Documents Obtained Judicial Watch Detail Role Justice Department Organizing Trayvon Martin
 Protests, Judicial Watch, July 10, 2013. George Will, When the looter the government, Wash. Post, May 18, 2012. Update: Lets Move Website Works Fine  Obama plays Politics with Lost Children, shuts down Amber Alert
 website, The Right Scoop, Oct. 2013.
Shut down Amish farm for selling fresh unpasteurized milk across state lines.80 

Spent million per household stimulus funds connect few Montana households the Internet.81 

Spent $205,075 stimulus funds relocate shrub that sells for $16.82 

Fired inspector general after investigating $850,000 AmeriCorps grant received nonprofit run former NBA star and Obama supporter Kevin Johnson (now mayor Sacramento).83 Forces Release DHS Report Illegal Alien Charged with Killing Virginia Nun August 2010 Drunk 
Driving Incident, Judicial Watch, Mar. 2011. Stephen Dinan, Feds shut down Amish farm for selling fresh milk, Wash. Times, Feb. 13, 2012. Nick Schulz, How Effective Was The 2009 Stimulus Program?, Forbes, July 2011. Thomas Cloud, Shovel Ready San Fran: $205,075 Translocate One Shrub from Path Stimulus Project,, Apr. 12, 2012. Susan Crabtree, Allies official fired Obama mount defense, The Hill, June 24, 2009.

Office Senator Ted Cruz 
185 Dirksen Senate Office Building 
Washington, D.C. 20510 
(202) 224-5922