Saturday, June 10, 2017

Cancellation of Obama's political patronage policy - and the continuing "cy pres" funding of nonprofits

I recently wrote a 5-part article about the lawsuit by immigration lawyers suing the federal executive branch of the government to lift a disciplinary rule against them prohibiting ghost-writing and partial representation in federal immigration courts and before its appellate Board of Review:



I specifically wrote about the fact that California State Attorney General made the plaintiffs in the case his office's paid informants - by giving them a $125,000 grant and by putting an attorney into their office whose only job was to investigate "notario fraud" - in other words, to conduct investigations against NWIRP's own competitors, ordered by a State Attorney General to enforce what a State Attorney General has no right to enforce - federal disciplinary rules of representation in federal immigration courts.

That was disclosed in California State AG's amicus brief.



Of course, the inconsistency of the argument that the State Attorney General of the State of California is supporting, through an amicus brief in support of his own paid informant NWIRP, VIOLATIONS of the very same disciplinary rules that the State Attorney General is enforcing and financing such enforcement by giving NWIRP (violator of federal regulations) $125,000 in grant money to conduct investigations against its own competitors, other violators of the same disciplinary rules - is somehow completely overlooked by the plaintiffs in that lawsuit, the State of California Attorney General, by the federal judge who has so far imposed a stay without giving an explanation or legal reasoning, and by the media and members of the public who support the lawsuit simply because it is "against Trump".

But, one more thing needs to be clarified for the public, and especially in view of U.S. Attorney General's announcement that it is stopping the unconstitutional policy of directing settlement money from settlements with wrongdoers to finance special interest groups - something that the Obama administration introduced and widely practiced.

NWIRP is exactly such a special interest group, and the California State Attorney General did exactly what U.S. Attorney General just prohibited - gave it a "cy pres" grant of $125,000 to conduct investigations of alleged violators of the same disciplinary rules that NWIRP is suing U.S. Attorney General Sessions for its own "constitutional right" to violate (with support from the State of California Attorney General).

Let's go back to what the California State AG said in its amicus brief:






So, while fighting the Trump administration in court AGAINST enforcement of federal immigration law, the State of California gave $125,000 to a non-profit, NWIRP, to SUPPORT enforcement of the same federal immigration law - but only some of it, and only against NWIRP competitors.

And, the mysterious "cy pres" grant means "leftovers" from class lawsuits awarded BY JUDGES to non-profits designated by the government, and thus favored by the government.

Since NWIRP is taking a political stand against the federal government, the "cy pres grant" is used by the state government, the chief law enforcer of the State of California, to finance  special interest group - which was just prohibited by U.S. Attorney Sessions.

U.S. Attorney sessions pointed out WHO should get the "cy pres leftovers":

  • victims in a potential class action, or
  • the taxpayers - whatever is unclaimed should go back to the government, not to the special interest groups.

So, once again, the "hero" NWIRP, that is suing for special treatment, is nothing other than a special interest group and a paid informant of the Attorney General of the State of California getting money that victims in class lawsuits did not get, in order to promote business and political interests of its Directors.

And that practice is unconstitutional, and just prohibited by the U.S. Attorney General.

Will the U.S. Attorney General now look into "cy pres grants" distributed by states to their special interest groups?  Those non-profits who declare they do something good, while there is no law requiring the non-profits to dedicate any amount of money or even percentage from its budget to the declared mission - and who can instead finance lavish offices, good salaries, political campaigns, and dedicate the most minimal amount of money, simply to maintain interest of political donors in their company?

He should.

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