Everybody knows that what is going to happen tonight is unconstitutional. It is like we're gonna put the Constitution up on a wall and Obama is gonna start shooting a BB gun at it and we're all gonna tune in at eight o'clock and watch it. And then we're gonna talk about what we saw later on tonight and tomorrow. Meanwhile, tomorrow the Constitution is still gonna have some BB holes in it. This is amazing. Everybody knows what's about to happen. Will CNN do a countdown on this? I don't see it yet, but it's seven hours and 53 minutes and 44 seconds from now. The Constitution is gonna cease to exist as we know it.
Do you know that the major broadcast networks are not going to cover this tonight? Did you know that? (interruption) The White House is not annoyed. The White House did not formally request it. They don't want a English-speaking audience tonight in mass numbers. They did not formally request the networks carry the announcement tonight. This is gonna be on Telemundo, on Univision. It's gonna be streamed in a number of places, but the networks, it's not that the networks didn't grant permission; they have not been formally asked.
The White House is out there wringing their hands and making it look like the networks are denying him. Does anybody really believe the networks would deny him? Does anybody believe the networks would say "no" to this? I mean, this is historic. We are gonna shoot the Constitution full of holes tonight, and the networks aren't interested?
Come on, folks, cut me some slack here. We all know what's gonna happen tonight, and there's no stopping it. It's like there's gonna be a severe injury to our country tonight, and we all know it's gonna happen, and everybody knows it's gonna happen, and, yes --(interruption) I'm saying that he knows this is not popular. I'm not saying he's suppressing the English language tune-in. I'm saying he doesn't care if they don't watch. It's not for the English-language-speaking people tonight. This thing is not for them. This announcement is not for 'em. This is for a Hispanic, Spanish-language audience tonight. There isn't any doubt about that.
But, I mean, really, I can't move past this. We're just hours away from watching the Constitution shot full of holes. Everybody knows that's what's gonna happen and I'm telling you, I don't care if it's Dick Durbin, I don't care if it's Dingy Harry or Josh Earnest, they all know. Whatever the people on the Obama side are saying to justify this, they know they're not right. They know the Constitution does not provide for this. They know the president doesn't have the authority. This is one of the reasons they're so excited.
This is historic. Their president, their guy is going to, in front of everybody -- this isn't stealth. This isn't under cover of darkness. This isn't behind closed doors. This is right out in front of everybody, we are gonna go (raspberry) on the Constitution. This is like everybody witnessing Al Roker soil himself in the White House. You know, Al Roker ran around telling everybody that he excremented his pants at a White House Christmas party. Well, we're gonna see it tonight.
To me, this is just -- I don't know. It's surreal. I'm not exaggerating and I'm not trying to make a broad point when I tell you that I think everybody on the Obama side knows this is not permitted. And I think that is part of the thrill, that they're gonna get away with this. They're gonna get away with it, and there's nothing that's going to happen to them. There's nothing that can stop them, and they're just excited as they can be over this. And after tonight's over, they're probably gonna say, "Why did we wait so long? Man, this is fun; let's do it again. This is so much fun, let's do it again."
Meanwhile, Mitch McConnell is up there warning there will be action -- and they're quaking in their boots in the White House, I'm sure. (interruption) They are. They're gonna get away with it from the standpoint that it's gonna happen. It's like we're gonna watch a bank get robbed tonight. Everybody knows it's gonna get robbed, and nobody's lifting a finger to stop the bank from getting robbed! Pick your crime. We're looking at it tonight. We're watching it. We're being led into it. It's being hyped. (interruption)
Nobody can march... (interruption) Duct tape. That's not the point. "Duct tape on his mouth, stopping him from speaking," that's not the point. This is a big deal. And it's turned into a carnival show. This whole thing is turning into a carnival show, it's more showbiz. It's stunning to me what's really happening. We got a carnival barker tonight that's gonna go up there and he's gonna look at us in the eye and say, "Screw you. This is what I think of this Constitution," and, bammo!
He's gonna do whatever he's gonna do. Now, I have been hearing this morning from learned people, some friends of mine in legal circles that there actually is going to be... I don't know if he's gonna mention it, Obama. But that they have prepared a legal basis that they claim justifies this. It is call "prosecutorial discretion." You've heard that being bandied about, too. Okay, prosecutorial discretion.
This is going to necessitate an explanation of this. I am uniquely qualified to do this, and I shall, as the program unfolds before your very ears. Because this is a time-honored, noncontroversial legal concept that's been around for ages -- and even it is being polluted by this guy! Even the whole concept of prosecutorial discretion is now being corrupted. The rule of law is already laying injured on the side of the road.
Prosecutorial discretion is gonna be corrupted here tonight, if that is indeed the quasi-legal framework that they use to so-called justify this. But it's just... (laughs) I'm sorry. It's like watching a crime. Everybody says, "Gee, I wish we could find out in advance the crime's gonna happen. Maybe we could stop it." Well, we know. We know that an illegal act is gonna take place in seven hours and 46 minutes, and there doesn't appear to be any way or energy or desire -- well, not desire; there's plenty of that -- to stop it.
It's like a comet, a comet heading right for the planet. We got five few weeks. We're gonna launch the nukes at the comet except we're gonna miss it on purpose and we're just gonna sit here and wait for the comet to hit the planet and hope it hits Russia and not us. I mean, I could keep these analogies going all day long if I had to.
http://www.rushlimbaugh.com/daily/2014/11/20/tune_in_to_see_the_constitution_destroyed
My Explanation of Prosecutorial Discretion
RUSH: Now, I'm gonna go back to the Constitution here for just a second. Before my detailed -- and it won't take long -- explanation of prosecutorial discretion, which (if everybody is right) is the legal, so-called legal underpinning for Obama's executive action tonight, let's start with the oath of office the president of the United States takes.
In that oath, the president swears, he promises that to the best of his ability he will preserve, protect, and defend the Constitution of the United States. That oath will be violated tonight, in plain view of however many millions of people all over the world watch it. That oath will be rendered meaningless. A promise, a sworn promise: laughed at, cast aside as meaningless as a piece of confetti at a parade.
Also in the Constitution of the United States (I believe it's Article II ) the Constitution requires, instructs, demands, says the president of the United States shall faithfully execute, or see to it that the laws of the country are faithfully executed. That will be rendered meaningless tonight. Executive amnesty. What the president is actually going to instruct tonight, the actual result of his executive order or amnesty tonight is an order or an instruction to law enforcement officials to ignore the law.
The law has not been changed. Congress has written no law that provides the president the power to enforce this aspect of it. He is simply going to tell everybody involved in law enforcement to ignore their duty. He is going to tell them to ignore crime when they come across it. He's going to tell them to not bother prosecuting violators of this particular law. That's what his going to do. Therefore, he's not only flouting the law, he's flouting the enforcement of the law.
And if some of the things that I've seen so far happen to be true, the president is going to demand that these violators of our law now will be fully ignored by law enforcement. They will also be given work documents. Under existing law, they are not allowed to hold work documents, because they are here illegally. So the president is not enforcing a law; he's not change, regulate, what. He's creating a new law out of thin air here. He is writing his own law.
And there is no statutory foundation for what he's doing. They're running around... This was all over cable news last night, too, my comments yesterday about how these clowns claim that Reagan did it. Reagan did not do this. The Congress passed Simpson-Mazzoli in 1986 and Reagan signed it, and after that you've got a statute as a law. You've got a foundation, and Reagan then took some executive actions based on that statute, that the statute permitted.
He didn't make it up out of thin air. He didn't write it on whole cloth like Obama is doing. Obama, though, however, is actually instructing law enforcement to not enforce the law! That gets us to prosecutorial discretion. More on that, I promise. He does not have the constitutional authority to do this. The president does not have the authority. Now, the executive branch does have the authority to prosecute, to determine when violators of the law are gonna be prosecuted.
But here's the nub of it -- and this really cuts to what prosecutorial discretion is and what Obama is doing. Prosecutorial discretion is exactly what it says. It's based on the fact that there's just too much law-breaking going on out there to enforce it all. There's just too much crime. We don't have the resources, we don't have the personnel, we don't have enough courts. We cannot enforce all of it, and so prosecutors determine which laws or crimes are going to be prosecuted based on severity, damage, any number of things.
But it's what makes most sense to enforce. But just because prosecutors choose not to enforce a law doesn't mean the law becomes legal or the act becomes legal. Let's use robbing a bank, for example. Not robbing a bank. We talked about this the other day. Somebody called here and was complaining about how the Treasury investigates deposits of $10,000. Okay? Just because a prosecutor somewhere might ignore you if you deposit $10,000 in cash, it doesn't mean it's legal to do it now.
Just because a prosecutor chooses to ignore a particular act, just because a prosecutor decides not to go after a certain criminal, doesn't make that criminal act legal all of a sudden. What Obama is claiming here -- there are too many illegals, and they're all over the place, and we can't find them -- doesn't make them legal, which is what he is doing. If prosecutors -- and he's the chief prosecutor -- decides he's not gonna prosecute these crimes, it doesn't make the crimes legal. They are still illegal!
And Obama is gonna essentially say that any crime he doesn't choose to prosecute is legal now.
He doesn't have that authority.
He doesn't have that power.
The Constitution doesn't grant it. And that is not what prosecutorial discretion means, nor is it the way it was intended. I will still have more detail on this because there's much more to this as it relates to how Obama is gonna use it tonight, if the advance reports are true.
Now, you probably know this. As a listener of this program I assume that most everybody here is up to speed on the Constitution. Article I clearly says: "The Congress shall have Power ... to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Only Congress is vested with the power to make new laws or amend or repeal existing laws. No president has that authority. And no president has the authority to tell law enforcement to simply ignore the enforcement of a law because he's violating that part of the Constitution that he swears to see to it that the laws are faithfully executed. He not even close to having the power that he is going to use tonight. And he's going to do it while the Democrat Party's in all this disarray, right?
They just got creamed. They just lost an embarrassing landslide election. They're in disarray. They got people leaving the party left and right. Oh, my God, they're in such a mess, and the Constitution's gonna be shot full of holes nevertheless.
Let's say... let's use marijuana. As you know, prosecutors less and less pursue marijuana crimes, but it doesn't mean that marijuana is thus legal. Just because a prosecutor decides "I got better things to do than go after" doesn't mean that the law has suddenly been changed and marijuana is legal. Well, by the same token, just because Obama says (imitating Obama), "You know what? I'm not gonna enforce the law here. I'm not gonna enforce the law on illegal immigrants," it doesn't make immigration, as it's happened, legal all of a sudden.
It does not make these people legal. And Obama is gonna try to tell you that his action tonight is making them legal. He doesn't have the power to do that. Only Congress can do that. He wants to confuse you and have you believe that because he's choosing not to enforce the law on 4.5, five million people, that that automatically confers legality on them, and it doesn't.
He doesn't have the power and everybody involved in this knows it. Everybody on the left, they know it just as well as I know it. The difference is they are thrilled at the Constitution being violated. Because, to them, it's an obstacle.
BREAK TRANSCRIPT
RUSH: So let me just sum up this pretty simply here, ladies and gentlemen. There is no way in hell that giving people who are here illegally work permits fits under the rubric of prosecutorial discretion. It has nothing to do with it and he cannot do it. But he's going to.
So what the president is going to do tonight if it ends up being as it is thought to be, because they're giving signals of the direction they're gonna go here. And they're gonna try to fool everybody, particularly the low-information crowd. "It's not illegal. Right here, it's in the Constitution, prosecutorial discretion." What Obama is going to claim is that he's got the power to declare which criminal acts he's gonna pursue and which he's going to ignore. And he's going to say that illegal aliens now have a right to be here because he has chosen not to prosecute them.
So what he's going to say is, "Yes, they are illegal aliens, but I'm gonna turn them legal by not prosecuting them," and he doesn't have that power. Just because you choose not to prosecute somebody doesn't mean what they did to get in trouble in the first place is all of a sudden legal. Somebody robs a bank and for some reason you choose not to prosecute 'em doesn't mean that robbing banks has become legal. Prosecutorial discretion is standard operating procedure. It's been used for centuries because it's simply not efficient, affordable, any number of categories, to go after all crime.
But just because a particular crime is pardoned, let's say, doesn't mean that that criminal activity all of a sudden becomes legal. And yet that's what Obama is gonna claim tonight. (imitating Obama) "Hey, you know what? I'm ordering border patrol and everyone to stand down. There will not be prosecutions of these people here illegally. Therefore, they are legal." No, they are not. They're still illegal, and just because you choose not to prosecute 'em doesn't make them legal. What he's doing is unconstitutional. He hasn't the power to do it.
END TRANSCRIPT
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