Sam Sparks, a United States District Court Judge, has decided that he supports amnesty and opposes the Constitution's separation of powers. He also appears to be a lazy s.o.b. who doesn't like the workload that comes with a federal judgeship. Apparently he must have thought a federal salary and benefits is a sinecure and not a job that requires long hours and hard work. Probably a Demoncrat or a RINO.
On February 5, 2010, Austin issued an order to the United States Attorney John E. Murphy and the attending Assistant United States Attorney Garth R. Backe. As I have said before, working in the US Attorney's Office is a great job, since you determine your own work load. You can accept or decline cases at will and only the President can tell you otherwise. However Sam Sparks thinks he is the President instead of a District Court Judge. Apparently Sparks is a wannabee kritarch, and like the Constitutional scholar Baraka Hussein Obama, has never read the Constitution. He also appears to be jealous of the power and lesser work load of Assistant United States Attorneys who's cases are interfering with Sparks' tee time.
A quick perusal of the Constitution appears to give all executive power to the President and those inferior officers created by Congress, like United States Attorneys and Assistant United States Attorneys. Their function is to bring and prosecute criminal cases in federal District Court. Sparks objects to this and demands in an order that despite a Grand Jury indictment or and Indictment or Information, the USA and USAOs presented to the District Court a separate rationalization for daring to bring a case to his courtroom for proceedings. http://alt.coxnewsweb.com/statesman/pdf/02/0206sparks.pdf
This is shockingly unprecedented and a serious violation of the separation of powers doctrine in the Constitution. The President and his subordinates are responsible for seeing that the laws of the United States are faithfully executed, not District Court judges.
But, as in most cases, there is more. Judge Sparks appears to be enraged by the United States Attorney daring to bring cases of illegal aliens who re-entered the United States after deportation in violation of 8 USC 1326, Re-entry After Deportation, a felony. Sparks is appalled that the illegal aliens being prosecuted and does not think that their crime should be prosecuted and that the prosecution is a waste of time, money and the resources of the District Court, the U.S. Marshals Service, the United States Attorney's Office, the United States Probation Office and the Federal Public Defenders Office. Aside from the fact that Sparks cannot speak for the same person who is bringing these cases, he cannot speak for anyone but himself. He does not represent the United States Marshal for the Western District of Texas, who is another subordinate of the President, nor for any other office. He does presume too much. But, more importantly, violates the separation of powers by this clearly illegal and unconstitutional order. Kritarch Sparks further describes prosecution of these innocents as a waste of taxpayer money. Well, since Congress has appropriated said funds for these prosecutions, then Kritarch Sparks is again out of line. It is the purview of Congress to decide whether to use our precious tax dollars for these prosecutions, not Kritarch Sparks.
If Kritarch Sparks is so concerned and opposed to prosecuting illegal aliens who violate Title 8 United States Code Section 1326, perhaps he should run for Congress and change the law to make it more amenable to his sensitivities. Or he should resign and seek appointment as the Obamessiah's new United States Attorney for the Western District of Texas, or he should apply for a job as an Assistant United States Attorney where he can decline such cases. Lets hope in that case the USA is of the same mind or he might be out of a job.
But it appears that Kritarch Sparks does not want to risk an election or the rare chance of getting fired by a USA. He wants to rule this country with an iron fist in a velvet robe. Kritarch Sparks is a budding dictator. For that he should be impeached. Hopefully by the next Republican Congress, after they impeach the illegal alien Obama. But perhaps Kritarch Sparks knows something that we only suspect, and he is acting to protect illegal aliens in hopes of a judicial promotion by the illegal alien Obama.
But in any event I would like to see him squirming before an impeachment committee of Congress. Just like he enjoys making AUSAs squirm in his court.