It is not uncommon for presidents to rush through regulations and changes in their final months or even days in office. Thus, the move of President Obama to protect pristine areas from drilling is not unprecedented, particularly as the continuation of his long-standing policies on the environment. However, as I discussed yesterday on NPR, the President made a move that runs against the grain of tradition this week. Obama negated the regulations underlying the dormant National Security Entry-Exit Registration System or NSEERS program. That was not action to advance a positive policy but a purely obstructionist move targeting your successor. There was no reason to destroy the structure except to delay any effort of President-Elect Donald Trump to carry out his campaign pledges to tighten entry rules and impose greater scrutiny of people coming from Muslim countries. NSEERS would have given Trump a readily available structure and pro-immigration groups lobbied Obama to destroy the program. It was a move that was reminiscent of General William Tecumseh Sherman. General Sherman famously left a scorched earth behind his March to the Sea and Obama appears intent to leave the same charred path for his successor.
NSEERS was created after 9-11 to require registration for people coming from 24 Muslim countries. The system included port-of-entry registration and domestic registration. It was discontinued in 2011 under the Obama administration. The US-VISIT program was instituted as a replacement.
Putting the policy issues aside, the move to eradicate the dormant structure of NSEERS was a Sherman-like move to harass an opponent and slow his progress. Many presidents would likely find the move a bit too obstructionist, but there is certainly precedent for aggressive moves in the twilight of an Administration. The famous case of Marbury v. Madison is one such example. The controversy arose after Thomas Jefferson beat John Adams in 1800. Since Jefferson did not take office until March 4, 1801, the federalists moved in the lame duck session to create new judicial positions and, on March 3, Adams appointed 16 Federalist circuit judges and 42 Federalist justices of the peace to offices created by the Judiciary Act of 1801, including financier William Marbury who was appointed to the position of justice of the peace in the District of Columbia. The problem is that not all of the appointments could be delivered by John Marshall, who was acting as Secretary of State before assuming his positions as Chief Justice. When Jefferson entered office, he ordered the halt to the deliveries — leading to the litigation. Incredibly, it would be Marshall who would rule in the case even though he was involved in the underlying dispute.
The comparison to Marbury however is telling. Adams was merely using every minute of his term to pursue his policy objectives. In the NSEERS controversy, Obama is burning a structure to the ground to avoid it being used by his successor to pursue his different priorities. It is a regulatory version of the Clinton staff removing the “W”s from keyboards to harass the including Bush staff. In the end, of course, this can only delay rather than avoid the inevitable. It will force the Trump Administration into probable “notice and comment” procedures in the publication of new regulations in the federal register. It will add a political benefit for Democrats. The deal will push new regulations closer to the midterm elections and could be used to rally voters in an election where Democrats are more vulnerable than Republicans.
“U.S. troops carry out ground raid against ISIS in Syria
The operation in eastern Syria was aimed at capturing Islamic State leaders, U.S. officials said.”
WASHINGTONPOST.COM|BY MISSY RYAN
The last ditches of Obama to start a war before the inauguration. The jerk waited several years to start any type of offensive position inside the Syria.
The Washington Post doesn’t like me because I refused to join Face Book and the other socialist media. Ha ha ha. They must think they are the only source of news…..correct that. they must think they ARE a source of news.
I am really surprised no one has snowfaked a story absolving OByeBye along the lines of someone hacked the military and sent mission order as a way of protesting or ….something.
I’ve been thinking whether it wouldn’t be a good idea to take the nuclear arsenal off of hair trigger status before leaving office.
You didn’t know? The military already did that and gave Obama false codes. Seems he flunked his security investigation.
“You didn’t know? The military already did that and gave Obama false codes. Seems he flunked his security investigation.”
No I did not know that. And I don’t believe it. Maybe you have a cite to a source?
No just paybacks for all the unsourced crap we get here from the FORMER Adminsitration and it’ supporters.
” Maybe you have a cite to a source? … No just paybacks for all the unsourced crap we get here from the FORMER Adminsitration and it’ supporters.”
So, you just made it up to get back at people you disagree with?
Some how, I though truth was the appropriate response to nonsense.
Now your last line gave you away big time. Parts of the Collective aren’t allowed to think. See me laughing at you?
” So, you just made it up to get back at people you disagree with? Some how, I though truth was the appropriate response to nonsense. … Now your last line gave you away big time. Parts of the Collective aren’t allowed to think. See me laughing at you?”
“See me laughing at you?”
Laugh all you want to. We are still left with the fact that you made something up, whole cloth, and presented it in a political discussion.
“Now your last line gave you away big time.”
I think my last line made clear that I believe the truth is an appropriate and powerful response to lies and nonsense. You have been on this blog before. I am surprised you did not already know that about me.
No you don’t get to reframe anymore Sorista you were the butt of the joke and that’s the end of that.
How’s it feel to be on the receiving end? Don’t like it? Who cares? Ask Lykoff for a refund or better yet send another $19.95 for Version Three of the SecProg Manual
I am soooooo enjoying sticking the needle in, pushing buttons and getting the predictable answers.
Sorry….gotta run….no time for the irrelevant. Go burn a lamp post….or something
“No you don’t get to reframe anymore Sorista you were the butt of the joke and that’s the end of that.
How’s it feel to be on the receiving end? Don’t like it? Who cares? Ask Lykoff for a refund or better yet send another $19.95 for Version Three of the SecProg Manual … I am soooooo enjoying sticking the needle in, pushing buttons and getting the predictable answers. …. Sorry….gotta run….no time for the irrelevant. Go burn a lamp post….or something”
You claimed that ” The military already did that and gave Obama false codes. Seems he flunked his security investigation.” I asked if you could cite a reference to back up the claim?
I think that is a very reasonable question – what is the evidence?
When I get back personal attacks, I know I have uncovered a phony claim – right? If there were evidence, any evidence at all, they would discuss the evidence of the claim – not me. I am irrelevant to the claim.
In regard to how it feels, it feels great to uncover a liar and reduced them to the point that all they can do is utter irrelevant attacks on me instead of defend the the truth of their claim.
The more you attack me the more clearly you demonstrate you have no evidence – you made up a silly story.
Hey CLUELESS Read the f’n answer just to get down on your level. Sorry you had a crappy education in the public schools. Not my problem. To put it bluntly you were the target. You bit on the hook. Stupid is as stupid does. Much as I hate to stoop to radical reasoning it’s apparent your master programmer doesn’t know anything else. Failed again. How many times you going to prove stupid is as stupid does? Bight Me. It’s a town on the North Atlantic coast. Are you going to bite again? Fish?
Who you?
“Hey CLUELESS Read the f’n answer just to get down on your level. Sorry you had a crappy education in the public schools. Not my problem. To put it bluntly you were the target. You bit on the hook. Stupid is as stupid does. … ”
The quote goes on for several more sentences. But I think the reader can get the gist of the comment.
The more you attack me the more clearly you demonstrate you have no evidence to support your claim – you made up a silly story.
Those finding there are too many federal regulations should be delighted.
I gather Jonathan Turley wants more regulation?
Oh come on. Trump is violating every norm and convention in the book to advance their positions. And North Carolina. It is about time that the Dems did everything they can to fight back.
They did. Were you asleep. They lost. That was in November. Rejected by those with enough intelligence to read and follow the Constitution. How many times you want to get punched out? We’re not done yet. Democrats? What’s That? Used to be a party by that name but they changed it to Socialist about six months ago. I think the African American Division is taking over what’s left since the others joined the collective of the extreme left. AA Division is planning on making up for it being the party of Slavery and Anti Civil Rights. I wish them success!!! New Name? Black Democrats Matter. But as for you socialists secular regresisives? Well a question mark is a good way to sort of recognize the existence of one collective entity. Or a zero. Which is the value of nothing. No worries we’re going after 10 or 12 more just in the Senate in 2012. Already targeted double that or more in Representatives. What need of more than one nothing. One is enough.
Enjoy the first day of the rest of your political life.
Thankfully, the vile Obama regime will end soon.
But let us look on the bright side of Obama.
Many years from now, people will, surprisingly, compare Obama to Jack Kennedy, noting a striking similarity. Kennedy had the vision to put a man on the moon. Obama had the vision to put one in the ladies room.
On this biggest day of Presidential History, thank you for starting mine off with a great smile!
A great way to start a great day!
Since the NSEER program hasn’t been used in several years it seems to me to be consistent with the Republican view of getting rid of unused and/or unusable regulations. Just a clean-up of policy. NSEER should have been eliminated years ago when the administration stopped using it. One of the good things done by President Obama.
” NSEER should have been eliminated years ago when the administration stopped using it. One of the good things done by President Obama.”
If anything, we ought to criticize Obama for waiting so long to terminate this program.
And for readers concerned regarding security, shouldn’t we be asking what actually works?
We have had some terrorist attempts in the past few years. Thankfully, most of them were thwarted. shouldn’t we be asking which intelligence programs actually contributed to identifying and terminating those threats?
If we are to advocate for programs, shouldn’t we advocate for programs that have proven themselves and made a contribution to our safety?
The old adage about too many chefs has a basis in reality. Software engineers know you can’t speed up a project by just adding more people.
Adding another layer of intelligence people doing much the same thing is not likely to contribute much to real security.
I am always learning something new with Professor Turley’s columns!
For some reason the MSM will never be able to keep up.