[Editor's Note:  There is a total United States news media blackout of an illegal immigration and open borders lawsuit against the President of the United States which is currently proceeding in the Washington, D.C. District Court system.  This, even as Mr. Bush visits Mexico on January 12-13, 2004 for the Summit of the Americas talks.  He will discuss "promoting prosperity" [[whose?]] and bilateral and regional "priorities" with our hemispheric "partners."]

 asserted that Bush, Ashcroft and Thompson “violated their oaths of office and warred against the Constitution....violating the rights of the people, costing taxpayers billions of dollars each year....and placed the citizens in a situation that they must pay higher taxes for this discretion not to address the issue of illegal aliens and have them deported.”

Joseph Sadowski

Sadowski’s suit also stated that all three are actually “protecting the illegal alien” by allowing them to remain unhindered and able to freely walk the streets of America. The New York resident’s civil action included presidential violations related to the Racketeer Influenced and Corrupt Organizations Act (RICO), constructive fraud, violations of regulatory fairness laws, deprivation of rights, conspiracy to interfere with civil rights, and obstruction of justice.

That his lawsuit has progressed this far, having faced a motion by U.S. Attorney Roscoe C. Howard to dismiss the suit -- plus two additional supplemental defendant memorandums [highly unusual] in support of the original dismissal motion, is a clear indication that Judge Leon is taking quite seriously Bush’s lack of enforcement of laws against illegal aliens. In a phone interview yesterday, Sadowski told us “The mere fact that the President’s attorneys keep filing supplemental memorandums prior to Judge Leon’s ruling suggests that they are worried he will take action to force the President and the Attorney General to uphold laws already on the books against illegal aliens.”

Judge Leon’s biography lists his extensive experience regarding probes involving the executive branch of government. He served as counsel to congressional committees in the investigations of three sitting Presidents and as Special Counsel to the U.S. House Ethics Reform Task Force.

Judge Leon was appointed to the United States District Court in February 2002. He received his A.B. from Holy Cross College in 1971, his J.D. cum laude from Suffolk Law School in 1974, and his LL.M. from Harvard Law School in 1981. Prior to being appointed to the bench, Judge Leon was engaged in private practice in Washington, D.C. from 1989 to 2002. Judge Leon served at the U.S. Department of Justice in a number of positions, including Deputy Assistant Attorney General in the Environment Division, Senior Trial Attorney in the Criminal Section of the Tax Division, and Special Assistant U.S. Attorney in the Southern District of New York. He served as counsel to congressional committees in the investigations of three sitting Presidents and as Special Counsel to the U.S. House Ethics Reform Task Force. He also served as a Commissioner on the White House Fellows Commission and the Judicial Review Commission on Foreign Asset Control. A former full-time law professor at St. John’s Law School, Judge Leon is currently an adjunct law professor at both Georgetown and Catholic University.

Our call to Judge Leon’s chambers last week indicated that Sadowski’s complaint, cross-filings, and other motions in our possession are valid documents -- linked within this story. “I can verify that the civil action Mr. Sadowski filed against the President, Attorney General Ashcroft, and Secretary Thompson is currently being considered by Judge Leon,” said his secretary, Norma, adding that “the filed complaint number is 02-1766 (RJL).”

AMERICA’S MOBILE MEXICAN CONSULATE “PROGRAMS”

Sadowski’s claim referred to a veritable litany of charges that are increasingly enraging citizens around the country -- especially residents of border and coastal states -- who realize that Bush is not taking seriously their grievances about the lack of sealed borders.

The New Yorker’s complaint recognizes multiple problems attendant to border-crossing lawbreakers freely roaming the country, stealing good-paying jobs and promotions from legal citizens, and draining taxpayer coffers for services like hospitalization, ambulances, schools, housing, food stamps, police, fire protection, etc. -- not to mention fly-in pregnant illegals visiting relatives, with resulting babies becoming automatic citizens to advance the immigration fraud into the
 next generation.

And much to the distress of Democrats, House Minority Leader Nancy Pelosi was recently caught up in a whirlwind of reports about conflicts of interest and widespread public dissent over her short-lived policy favoring use of Mexico’s Matriculas Consulares ID cards allowing illegal aliens to enter the federal building in San Francisco so that Pelosi’s congressional office could assist them in further facilitating their ability to remain in the United States -- albeit illegally.

Interestingly, citizen protest was so strong that the General Services Administration (GSA) ultimately suspended use of the Matricula Consular card for illegal aliens,

But Mexican Consular officials would not give up. The Napa Valley News reported just days ago that the town of Calistoga, CA became the first city near Pelosi's two multi-million dollar Napa County grape vineyards to allow illegal aliens to use the Mexican Consular card for identification for use to obtain local services -- thus bypassing the GSA.

Georgina Lagos, Mexico’s Consul General, made a special trip to the Calistoga meeting, promising to send her “mobile Mexican consulate program” staff members to Calistoga regularly to better assist in providing identification [to illegals] when they seek government services paid for by legal, taxpaying American citizens.

Sadowski has also charged that “illegal aliens do not pay taxes for schools, books, supplies, free breakfasts, lunches, and food stamps, do not pay into workers compensation and are employed with no working papers, while receiving medical treatment without paying for it, forcing premiums to increase” -- all of which, he asserts, is unconstitutional and against the law.

NO HEALTH AND CRIMINAL RECORD CHECKS PUT PUBLIC AT RISK

Secretary of Health and Human Services Tommy Thompson was charged with failure to provide for criminal background safeguards, but also health and medical checks for known illegal aliens that the President and other government officials have encouraged to violate federal laws.                     

Moreover, the suit accused the three defendants of allowing motor vehicle laws to be violated, since known illegal aliens are permitted to drive cars and trucks over state and federal highways but fail to pay taxes, causing legal citizens to pay the difference.

That illegals are permitted by the administration to obtain drivers licenses in what amounts to fraud and outright violation of United States law, is clearly exhibited in that the Mexican government under President Vicente Fox is using its American-based consular offices to exploit Bush’s lack of immigration law enforcement by issuing

 that “this suit must be dismissed for lack of jurisdiction, since it presents a ‘non-justiciable’ political question, and otherwise fails to state a claim upon which relief should be granted.”

Howard and his associates took issue that Sadowski did not claim a personal loss but instead invoked a claim for “the amount of money the United States, the federal government, our nation, throws away because they have not taken the time to deport the illegal aliens which are felons and / or the removal of each of you [defendants] from your offices.”

That U.S. Attorney Howard says the “Plaintiff’s claims call for the court to decide questions of policy, diplomacy and discretion that are completely committed to the executive and legislative branches,” will force Judge Leon to deal with the complex issue of whether or not to force Bush, Ashcroft and Thompson to start enforcing legislation already enacted by Congress. 

Sadowski’s complaint also broaches the constitutionality as to whether the court may of its own accord, legally pave the way for removal of government officials failing to protect citizens in matters of criminal, health, and financial issues related to alien lawbreakers -- since the Judicial branch also exerted its authority by placing Bush in office in 2000.

This, while Howard refers to the Courts in the past as having promulgated “frequently disjointed, unpredictable and uncoordinated pattern[s] of judicial decisions.” [Given the “changing world of fluctuating relationships with foreign powers in which we find ourselves...”] Some discernment by the reader, however, will be required as to what Howard’s assertions have to do with enforcing the Constitution and the rule of law. The U.S. Attorney’s motion to dismiss the suit on behalf of the President also centered upon his worries that Sadowski’s case “would immerse the court into the world of immigration policy [and its enforcement actions related to illegals],” and also legislation shifting the “responsibility from the Department of Justice to the newly created Department of Homeland Security.”

Howard’s chief concern was reflected in that “essentially, [Sadowski‘s case] would involve the court ‘shoving its way in’ as a wholesale participant in a major policy area that has been committed to the province of the President and Congress.” [Both of whom have failed to seal U.S. borders and deport the census-validated seven million lawbreakers and terrorists to protect the health and safety of those who place them in high office.]

Undoubtedly, Judge Leon will be thinking about how the Supreme Court recently “shoved its way into” the 2000 presidential election in Florida -- a state-wide race beset with election fraud, mismanagement, rigging of the voting rolls, and multiple congressional oversight failures which had to be decided in the courts -- for the good of the country.

While the current “invasion” along the United States border is largely an unarmed incursion, Judge Leon will have to determine whether the financial, health, criminal, and safety [terrorism] issues warrant court intervention to hold the President and other government officials accountable even if the “political” election process will not -- if only for the good of the country.

IT TAKES A WORRIED MAN TO SING A WORRIED SONG

In early February, we received word from Sadowski that U.S. Attorney Howard had been allowed by Judge Leon to submit a second

Of high interest in the above supplemental memorandum, is that Howard cites a court decision that, incredibly, “expressly upholds qualified immunity for officials whose conduct is reasonable even if the official was ordinarily negligent.”

Another citation involving the Supreme Court noted that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

This, as Judge Leon decides whether presidential failures involving the stealing of services accorded only to legal citizens and paid for with taxes extracted from those same citizens, liability for criminal acts perpetrated against Americans by illegals, health risks, and terrorism or safety issues fall into the category of “statutory and constitutional rights” of U.S. citizens.

Moreover, Bush’s attorneys at the Justice Department also worry that Sadowski’s case “could even subject the police to liability for failure to properly enforce the criminal law.”

Thus, U.S. Attorney Howard -- personally assigned to the case by Bush and Ashcroft -- even goes so far as to employ the local police as scapegoats for the Administration’s failure to enforce the immigration laws.

More thorny issues for Judge Leon. Will he get involved to stop the “invasion?” Will he rule that the health, safety, and welfare of the citizens is more important than saving the skins of officials who refuse to enforce the law? Time will tell.

Maybe that’s what’s worrying Bush’s U.S. Attorneys at Justice. They keep sending Judge Leon more “supplemental memorandums,” hoping to throw enough against his judicial chamber walls to make something stick -- anything to make the case go away.

Joseph Sadowski, for his part, keeps pressing on. He has written a short letter to American citizens who support his crusade to compel the Bush Administration to enforce immigration laws already on the books.