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Texas takes DACA to court, says immediate injunction against Obama-era program 'vital to restoring the rule of law'

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The state of Texas is seeking a nationwide injunction against the Obama-era Deferred Action for Childhood Arrivals Program (DACA), telling a federal judge in a hearing Wednesday that the government should be barred immediately from issuing or renewing more permits under the program.

Texas is part of a 10-state coalition that filed a still-pending lawsuit to end DACA in May. The state’s attorney general, Ken Paxton, joined several other state attorneys general Wednesday in asking U.S. District Judge Andrew Hanen to halt DACA, which protects about 700,000 people from deportation, until that litigation is concluded.

Paxton said in a statement that the lawsuit was “vital to restoring the rule of law to our immigration system.”

The Trump administration has sought to rescind DACA using executive authority, in a manner similar to how the Obama White House implemented the program. But federal judges have blocked these efforts, saying the White House cannot legally terminate an agency program like DACA under the Administrative Procedure Act (APA) for “arbitrary and capricious” reasons.

But in its motion for a preliminary injunction against new DACA permits and renewals, Texas turned that argument on its head, saying that in fact it was the Obama administration that failed to follow key provisions of the APA when it implemented the policy.

“DACA violated the procedural requirements of the APA because it was created without notice and comment,” Texas’ filing stated. Notice and comment procedures, in which the public is made aware of pending changes in the law and offered a chance to discuss them, typically are required when a new policy affects peoples’ substantive rights and interests.

SESSIONS RIPS FEDERAL JUDGE FOR ‘EVISCERATING’ FEDERAL POWER ON DACA — WHY ARE JUDGES STANDING IN TRUMP’S WAY?

Paxton justified the need for a preliminary injunction — as opposed to waiting for a decision on the merits of the case — by arguing that the state had an urgent legal duty to protect its citizens, whom he said were being harmed directly by the soaring “healthcare, education, and law-enforcement costs” associated with DACA recipients, as well as the economic competition from illegal immigrants.

“Texas spent approximately $376,000,000 to provide Emergency Medicaid services to unlawfully present aliens over the last 11 years for which data are available,” Texas wrote in its motion for a preliminary injunction. “Likewise, Texas spent approximately $6,200,000 to provide Family Violence Program services to undocumented immigrants over the last 11 years for which data are available.”

However, opponents of Texas’ request for an injunction rejected the idea that the state was suffering imminent, irreparable harm.

The Mexican American Legal Defense and Education Fund (MALDEF) told the judge that claims about DACA recipients draining state resources were “both irrelevant and grossly inflated.”

Nina Perales, an attorney for MALDEF, questioned why Texas had waited six years to claim the program was causing “irreparable” damage if it really was such an imminent threat to residents.

Texas’ lawyers also argued that DACA was an unconstitutional violation of the president’s duty to take care that laws passed by Congress were faithfully executed.

The attorneys general of Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia joined Paxton in making the request for an injunction.

Hanen did not issue an immediate ruling Wednesday. But he asked pointed questions of both sides about how this case compared to his ruling three years ago against another expansion of immigrant protections by former President Obama.

In that case, Hanen ruled against an expansion of DACA and new protections for immigrant parents. A federal appeals court sided with Hanen and the U.S. Supreme Court split 4-4, leaving his ruling in place. The expanded protections never went into effect.

Texas now has asked for Hanen to stop the U.S. government from enforcing Obama’s 2012 memorandum creating DACA. Three other federal judges have stopped President Trump’s administration from ending DACA.

If Hanen rules in Texas’ favor, legal experts said that conflict would draw the attention of higher courts and potentially the U.S. Supreme Court.

DACA has authorized around 700,000 people brought to the U.S. illegally as children to obtain work permits and driver’s licenses. 

“No one in this case is a bad guy.”

– U.S. District Judge Andrew Hanen

On Wednesday, state attorney Todd Disher said the new case raised legal questions that Hanen already had addressed in his previous ruling.

The states technically sued the U.S. government because the government runs the program. But with the Trump administration aiming to end DACA, states that support the program intervened, along with MALDEF, to argue that the program should remain in place.

A group of people protected by DACA attended the hearing and protested outside the courthouse afterward. Hanen acknowledged the attention the case has received and its importance to DACA recipients involved in the case, who he said “were just trying to live the best life they possibly can.”

He added, “No one in this case is a bad guy.”

Hanen instructed attorneys on both sides of the issue to submit new filings by Monday.

The Associated Press contributed to this report.

Gregg Re is an editor for Fox News. Follow him on Twitter @gregg_re.

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How Rod Rosenstein is connected to Trump, Russia investigation

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As the investigation into Russian interference in the 2016 presidential election – and any involvement from the Trump campaign – forges ahead, Deputy Attorney General Rod Rosenstein has found himself on the receiving end of some Republicans’ ire.

Two months after a handful of House Republicans filed articles of impeachment against Rosenstein, the official once again rocked the Trump administration.

A bombshell report published by The New York Times on Sept. 21 alleges Rosenstein suggested secretly recording President Trump to expose chaos in the White House and enlisting Cabinet members to invoke the 25th Amendment to remove him from office — accusations Rosenstein vehemently denied.

“The New York Times’s story is inaccurate and factually incorrect,” he told Fox News. “I will not further comment on a story based on anonymous sources who are obviously biased against the department and are advancing their own personal agenda. But let me clear about this: Based on my personal dealings with the president, there is no basis to invoke the 25th Amendment.”

ROSENSTEIN REPORTEDLY DISCUSSED WEARING ‘WIRE,’ INVOKING 25TH AMENDMENT AGAINST TRUMP

Special Counsel Robert Mueller is spearheading the Russia probe, but Rosenstein, 53, still oversees the federal investigation as deputy attorney general.

In the articles of impeachment filed in July, the group of 11 House Republicans accused Rosenstein of intentionally withholding documents and information from Congress, failure to comply with congressional subpoenas and abuse of the Foreign Intelligence Surveillance Act (FISA).

“We’ve caught the Department of Justice hiding information, redacting information that they should not have redacted,” Rep. Jim Jordan, R-Ohio, previously told Fox News. Jordan, who was one of the lawmakers who introduced the articles, also claimed Rosenstein attempted to intimidate House staffers with subpoenas.

Read on for a look at how Rosenstein is connected to the Russia investigation.

What is Rosenstein’s job?

Rosenstein was confirmed by the Senate as deputy attorney general in April 2017.

More on the Russia investigation:

As deputy attorney general, he is responsible for day-to-day operations of the Justice Department and oversees its agencies, including the FBI.

How is he involved in the Russia investigation?

Rosenstein appointed Mueller as the special counsel to oversee the investigation into Russian influence in the 2016 election in May 2017.

The appointment came after Attorney General Jeff Sessions recused himself from the probe, and Rosenstein stepped in to oversee the investigation.

At the time, Rosenstein said his decision to appoint a special counsel was “not a finding that crimes have been committed or that any prosecution is warranted.”

Under Justice Department regulations, Mueller must consult with Rosenstein when his investigators uncover new evidence that may fall outside his original mandate. Rosenstein then determines whether to allow Mueller to proceed or to assign the matter to another U.S. attorney or part of Justice.

According to a memo from Republicans on the House Intelligence Committee, Rosenstein signed at least one FISA surveillance application that targeted Carter Page, a former foreign policy adviser on Trump’s campaign.

Did he have something to do with Comey’s firing?

Democrats were critical of Rosenstein after the White House used a memo he’d crafted as a reason to fire FBI Director James Comey in May 2017, Politico reported. Rosenstein reportedly drafted the memo after Trump had expressed his desire to fire Comey.

Rosenstein later told lawmakers on Capitol Hill that he stood by his memo. He said it was “not a finding of official misconduct” or “a statement of reasons to justify a for-cause termination.”

“Notwithstanding my personal affection for Director Comey, I thought it was appropriate to seek a new leader,” Rosenstein said.

What has the White House said about him?

As he has continued to deny any wrongdoing, Trump has been critical of the Russia investigation, particularly of Mueller’s handling of it.

In an April 11 tweet, Trump accused Mueller of being “conflicted” – and Rosenstein even more so.

Fox News’ Brooke Singman, Samuel Chamberlain, Gregg Re and The Associated Press contributed to this report.

Kaitlyn Schallhorn is a Reporter for Fox News. Follow her on Twitter: @K_Schallhorn.

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Vegas odds revealed for 2020 presidential hopefuls — and long shots

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Vegas odds revealed for 2020 presidential hopefuls — and long shots

A Las Vegas oddsmaker has President Donald Trump favored to win the 2020 presidential election. Click to see the odds for a variety of candidates.

http://www.foxnews.com/”>Fox News

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A Las Vegas betting group has President Donald Trump as the favorite to win the 2020 election, giving him 3 to 1 odds

(AP)

a-las-vegas-betting-group-has-president-donald-trump-as-the-favorite-to-win-the-2020-election,-giving-him-3-to-1-odds

Senator Kamala Harris, a California Democrat, is the leading rival but with 10 to 1 odds

(Kamala Harris Campaign)

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Senator Elizabeth Warren, a Massachusetts Democrat, fueled 2020 rumors but will face an uphill battle with 15 to 1 odds

(AP)

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Oprah Winfrey shut down rumors about a potential run but her 30 to 1 odds favor her over House Speaker Paul Ryan

(Getty)

oprah-winfrey-shut-down-rumors-about-a-potential-run-but-her-30-to-1-odds-favor-her-over-house-speaker-paul-ryan

Stormy Daniels’ attorney Michael Avenatti was given 40 to 1 odds, making him more favored than Hillary Clinton

(AP)

stormy-daniels’-attorney-michael-avenatti-was-given-40-to-1-odds,-making-him-more-favored-than-hillary-clinton

Clinton was given 66 to 1 odds, placing her chances below Senator Bernie Sanders for 2020

(AP)

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Kanye West recently tweeted out the message “2024” but he was given 150 to 1 odds for the next presidential election

(AP)

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Dwayne “The Rock” Johnson dismissed rumors that he would run in 2020 but his 40 to 1 beat Clinton’s odds

(REUTERS)

dwayne-“the-rock”-johnson-dismissed-rumors-that-he-would-run-in-2020-but-his-40-to-1-beat-clinton’s-odds

US ambassador to the UN Nikki Haley was given 50 to 1 odds despite Trump being the likely Republican candidate

(UN)

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Facebook CEO Mark Zuckerberg was given 66 to 1 odds

(REUTERS)

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Congressional Leaks

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Congressional Leaks

Some of the most memorable congressional leaks over the years.

http://www.foxnews.com/”>Fox News

http://www.foxnews.com/

Sen. Mike Gravel, D-Alaska taking oath in front of his family in Jan., 1969

Sen. Mike Gravel, D- Alaska, escaped punishment for disclosure of the Pentagon Papers in June 1971.

(Getty Images)

sen.-mike-gravel,-d-alaska-taking-oath-in-front-of-his-family-in-jan.,-1969

Central Intelligence Agency Director William E. Colby with Sen. James Abourzek and Rep. Michael J. Harrington

In 1975, the House ethics committee dismissed charges that Michael J. Harrington, D-Mass., revealed secret CIA activities in Chile.

(AP Photo/Henry Griffin)

central-intelligence-agency-director-william-e.-colby-with-sen.-james-abourzek-and-rep.-michael-j.-harrington

Senators Pat Leahy (right) and Dave Durenberger at press conference on select committee on intelligence report

In 1987, the Senate Ethics Committee declined to investigate Dave Durenberger, R-Minn., after reports that he leaked classified information about U.S. spy recruitment.

(Getty Images)

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Ranking Member George E. Brown,D-Calif

In 1987, George E. Brown, D-Calif., (1963-71, 1973-99) angrily quit the House Intelligence panel after coming under fire from the Reagan administration for publicly discussing military satellite capabilities. Brown charged that the criticism was unwarranted because he had been able to discuss the same subjects without controversy before his appointment to the Intelligence Committee.

(Douglas Graham/Congressional Quarterly)

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Robert G. Torricelli ,D-N.J., qustions Beth E. Dozoretz, Managing Trustee of the Democratic National Committee during campaign finance hearings

In 1995, Robert G. Torricelli, D-N.J. (House, 1983-97; Senate, 1997-2003), nearly lost his seat on the House Intelligence Committee over allegations that he improperly released information about CIA operations in Guatemala.

Torricelli said the information he released came from sources outside the Intelligence Committee. He was eventually exonerated by the House Committee on Standards of Official Conduct. A CIA investigation spurred by the revelations found serious wrongdoing by the agency.

(Douglas Graham/Congressional Quarterly)

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Republican presidential candidates Sen. Marco Rubio and Sen. Ted Cruz participate in the Fox News – Google GOP Debate

In 2015, Senate Intelligence Committee leaders said that they were not investigating whether Ted Cruz disclosed classified information during a Dec. 2015 GOP debate, despite the panel chairman’s comments, saying his staff was looking into the matter. During the Dec. 15 debate, Sen. Marco Rubio (R-Fla.) seemed to imply that Cruz (R-Texas) disclosed classified information during a testy exchange on government surveillance powers and when Cruz was disputing Rubio’s attacks on the Texas senator’s national security credentials.

(Scott Olson/Getty Images)

–republican-presidential-candidates-sen.-marco-rubio-and-sen.-ted-cruz-participate-in-the-fox-news—google-gop-debate-

Devin Nunes

In 2017, the House Ethics Committee closed an investigation into House Intelligence Chairman Devin Nunes, clearing the California Republican of claims that he had made unauthorized disclosures of classified information. The investigation arose after Nunes told reporters at the White House that he had reviewed “intelligence reports” indicating that members of President Trump’s campaign had been swept up in foreign surveillance by U.S. spy agencies.

(Mark Wilson/Getty Images)

devin-nunes

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