From the office of Del. Pat McDonough:
DELEGATE McDONOUGH WILL HOLD A NEWS CONFERENCE: FRIDAY, AUGUST 12TH, 2011, 1 P.M., 513 EASTERN AVE. IN ESSEX
· MARYLAND “DREAM ACT” LAWSUIT FACES SERIOUS LEGAL QUESTIONS
· HISTORIC MARYLAND VOTER PETITION DESERVES AGGRESSIVE DEFENSE BY ATTORNEY GENERAL
· JUDGE SILKWORTH SHOULD RECUSE HERSELF FROM THE CASE BECAUSE OF PREVIOUS INCORRECT RULING IN SLOTS PETITION CAMPAIGN
· APPEALS COURT MUST RELEASE FORMAL OPINION ON THEIR RULING REGARDING APPROPRIATIONS VERSUS POLICY; “DREAM ACT” CASE SHOULD NOT MOVE FORWARD UNTIL WRITTEN OPINION IS MADE PUBLIC
Delegate Pat McDonough: “The referendum process is a clear constitutional promise between the state and her citizens. Attorney General Gansler needs to apply the full power of his office to expressly protect the rights of the people.”
Today, Del. Pat McDonough (R-Balto County) will formally submit a written request to the Attorney General pledging his support to defend the historic referendum petition which was designed to give Maryland citizens a voice on the Dream Act (SB167) which Governor O’Malley signed into law this year. The petition was signed by over 132,000 registered voters and has been validated by the Board of Elections. Delegate McDonough will also submit a formal request to the Court of Appeals requesting that a vital written opinion be released immediately.
Delegate McDonough’s concerns stem from a recent lawsuit filed by two illegal aliens and Casa de MD attempting to deny citizens their protection under the Maryland constitution and Bill of Rights. In addition, the plaintiffs have engaged Joseph Sandler, a DNC legal powerhouse, to prevent the voters from their right to vote in November 2012 whether or not they want to subsidize the college education of illegal aliens.
“The referendum process is an integral component of the law making power of the people”, said Mr. McDonough. Delegate McDonough added that he “intends to vigorously fight any attempt to disenfranchise the citizens of Maryland.”
Delegate McDonough is also concerned that the basis of the lawsuit uses almost verbatim wording found in the anti-slots referendum suit of 2009, which was later overturned by Maryland’s highest court. “They are making the same claims as was made in 2009, and have been assigned the same judge, Silkworth,” said Mr. McDonough. “It would appear obvious that this judge needs to recuse himself from this case and the people are expecting the Attorney General to move swiftly toward that result”, said Delegate McDonough.
Mr. McDonough points out that although the ruling against Silkworth was filed July, 2010, we are still awaiting a written opinion from the state’s highest court. In addition to Del. McDonough filing his formal request for the written opinion, he is also expecting Gansler to do the same.
CASA claims that the Dream Act cannot be brought to the voters because the act is an appropriations bill and cannot be brought to referendum. According to Del. McDonough, “these claims are little more than an overt attempt by illegal aliens to override the rights of citizens,” adding that he “will protect the people’s petition through all available means.”
Delegate McDonough believes that all 132,000 who signed the “people’s petition” need representation in this lawsuit and is requesting the people of Maryland to contact Gansler at (410) 576-6300 or at oag.oag.state.md.usto demand that they be represented in the lawsuit as well as contacting Chief Justice Bell (410) 333-6396 or robert.bell@mdcourts.gov to request the 2010 written opinion (case No. 154) immediately, as it is vital to the present lawsuit.
This passionate defense by Delegate McDonough will include some high powered legal minds of his own which have reviewed the lawsuit filed by the illegal aliens against Maryland citizens. “As the Honorary Chairman of mdpetititons.com, I will be announcing very soon our defense team which will join the Attorney General to protect the rights of Maryland voters.”
Mr. McDonough believes that radical anti-citizen groups like CASA realize that the Dream Act will be defeated by the voters and they are desperate to keep the issue off the ballot, particularly next year while Obama is running for reelection. Delegate McDonough is also suspicious that the rights of the citizens will be suppressed through political manipulation through the use of the CASA and illegal alien lawsuit.
“The right to referendum is a critical check and balance in our state,” said Delegate McDonough, and “invalidating the people’s right to referendum would only serve to further erode confidence in the government.”
Keep up the good work Pat. If these two “suing” illegal aliens show up at any of the hearings they should be arrested and deported. Moreover, Casa de Maryland should be fined for aiding and abetting. Will that happen? Is Martin “Owe” Malley a conservative fiscal governor? That should answer your question.
What should be illegal is the rug that clown wears on his head.
When you have no argument, you once again resort to namecalling.
Aaaahhh – Nice to see McDonut posting as Phil Dirt again. The only time this fool comes out is when I criticize the pudge’s hair piece.
And so the legal battle begins that in the end is going to cause the resident tuition rates to be ended for everyone.
Be careful what you wish for — referendum or no, there will be a group of liberal lawyers (no I’m not one) who will sue on behalf of them that the state is requiring them to pay taxes like a resident but yet are not giving them the same benefits as other residents. They will claim tort law for which citizenship status has no jurisdiction. The courts will find this to be right and, since the Klan for Liberty’s referendum saying we can’t give a resident tuition rate to illegals will become law, our only choice will be to end residential breaks for everyone.
Let me be the first to say Nice job giving the shaft to the next generation yet again, misguided idiots.
Hey Anonymous,
“And so the legal battle begins that in the end is going to cause the resident tuition rates to be ended for everyone.” – That is a stretch.
“Be careful what you wish for — referendum or no, there will be a group of liberal lawyers (no I’m not one) who will sue on behalf of them” – Yep. That will probably happen.
“that the state is requiring them to pay taxes like a resident but yet are not giving them the same benefits as other residents.+ – Yep, again probably correct.
“They will claim tort law for which citizenship status has no jurisdiction.” – Huh? What do you mean by this?
“The courts will find this to be right” – wouldn’t a jury make this decision? Then, on appeal, I guess the courts could, but, I don’t see that happeneing, mainly because I still don’t know what the prior statement means.
“and, since the Klan for Liberty’s referendum saying we can’t give a resident tuition rate to illegals will become law, our only choice will be to end residential breaks for everyone.” – I think there are numerous options available. I would equate the illegals to out of state workers. Don’t they pay Maryland taxes?
“Let me be the first to say Nice job” – You can do it!
“giving the shaft to the next generation yet again, misguided idiots.” – Maybe if your idea of what will happen actually occurs. However, I don’t think it will.
Have a nice day.
Paul
Simple…someone call ICE and tell them when the plaintiffs are at the court house and just have them arrested and deport them.
Standing problem solved!
Seriously? You argue that an illegal resident which has no defined state of residence has standing to sue?
Did you read that?
Are you foolish enough to believe you have a civil right to walk up to a non-citizen on the street and vandalize or take their belongings because they are and not end up being forced to reimburse that person?
Don’t you remember when OJ got his Heisman Trophy taken away to pay the family for wrongful death despite being found criminally not guilty and the constitution having laws about double-jeopardy. Tort law has several hundred years of history that you need to contend with and relying on that 2-time college dropout McDonough to be your spokesperson is the just about the dumbest thing you can do.
Doesn’t matter if the person is sent home as long as they have a lawyer here representing them [e.g. ACLU].
It’s astounding how far you guys are going out of your way to screw the next generation with your foolishness.
Hey Anonymous,
“Are you foolish enough to believe you have a civil right to walk up to a non-citizen on the street and vandalize or take their belongings because they are and not end up being forced to reimburse that person?” – Who is this question posed to? Noone said anything about this. The closest anyone came to this was Wherespatton stating ICE should arrest the illegals. Arresting someone and what you stated are two totally different things.
“Don’t you remember when OJ got his Heisman Trophy taken away to pay the family for wrongful death despite being found criminally not guilty” – I remember this but this has nothing to do with anything in the discussion.
“and the constitution having laws about double-jeopardy.” – Yep, no double jeopardy.
“Tort law has several hundred years of history that you need to contend with” – Yep.
“and relying on that 2-time college dropout McDonough to be your spokesperson is the just about the dumbest thing you can do.” – I think in a lawsuit, people would rely on an attorney. In fact, I think McDonough stated to contact an attorney.
“Doesn’t matter if the person is sent home as long as they have a lawyer here representing them [e.g. ACLU].” – That isn’t exactly true. If a perso sues someone, they may need to attend certain aspects of the litigation process or risk their suit being dismissed.
“It’s astounding how far you guys are going out of your way to screw the next generation with your foolishness.” – You speak, but the words are just gibberish.
Anyways,
Have a nice day.
Paul
Hi Paul – didn’t see your first post, was responding to Paton. Courts decide if a lawsuit can go to trial before they seat a jury. Smart money is that this will be an economic tort case and you can either research or play dumb on what that means. Just like the clowns passing laws to kill gay marriage only to have the courts correct the injustice using tort law. The governor did the right thing trying to make sure that residential tuition rates weren’t caught up in the carnage. The racist Klan for Liberty leader McDonut (aka Phil Dirt) would rather use this issue for his short term political gain and screw over the kids and you’re falling for it.
Hey Anonymous,
“Courts decide if a lawsuit can go to trial before they seat a jury.” – Yes, though generally even if there is an iota of evidence, the courts will let the process procede, sometimes to trial, other times until summary judgment/dismissal.
“Smart money is that this will be an economic tort case and you can either research or play dumb on what that means.” – If that is where the smart money will be, I wouldn’t bet on it. ‘The economic loss rule is very simple in concept. The economic loss rule provides that where a party sues for purely economic losses, the party that is suing needs to have a contract with the defendant. Some states, such as Virginia, strictly adhere to this rule. In Maryland, the doctrine generally holds true, but the Maryland courts do permit a party without a contract to bring suit for economic losses where the alleged breach presents an unreasonable risk of serious physical injury or death.’ There, I did the research. I can do more research if you would like to prove you wrong some more. So, what serious injury or death will occur?
Now, I think a better legal argument for the illegals would be a Constitutional, Equal Protections argument, but that is just my opinion.
“Just like the clowns” – So insulting.
“passing laws to kill gay marriage only to have the courts correct the injustice using tort law.” – There have been some tort claims here, though they were tort privacy claims, which haven’t been successful. The successful lawsuits were constitutional claims.
“The governor did the right thing trying to make sure that residential tuition rates weren’t caught up in the carnage.” – Our governer has rarely done the right thing. After all, he is a democrat, which is to the left.
“The racist Klan for Liberty leader McDonut (aka Phil Dirt)” – If people disagree with you, they are racists.
“would rather use this issue for his short term political gain and screw over the kids and you’re falling for it.” – I don’t care about his political aspirations. I’m not falling for anything. I disagree with you. I think the illegals should be deported. I think illegals should not be afforded any rights or privileges guarenteed to the citizens of Maryland and the US. I also think there needs to be immigration reform (this does not mean asylum).
Anyways, have a nice day.
Paul
Anonymous, you moron, I’ve been posting here only as Phil Dirt continually for months, and I’ve never even met McDonough nor do I live in his district, but as we can see from your posts you never let the facts get in the way of a good rant.
And blah blah blah Klan blah blah blah.
A referendum would have made civl right laws illegal too….I guess McDonuts would propose that too. What a waste of a delegate’s seat on an idiot whom can’t propose anything constructive that actually benefits all residents of the state. This clown and his hair piece need to go away. Any resident of the state that works and pays taxes should be allowed the right to attend school and pay in-state tuition. If fact, I would think the Maryland Constitution would eventually find for Maryland residents to allow them to access Maryland services.
@FRANKLY SPEAKING – Illegal aliens are not citizens of Maryland or the United States and it has nothing to do with civil rights. Illegal aliens do not have rights to any government services or benefits in our country.
illegal alliens living is Maryland are still residents and as long as they pay taxes they should reap the benefits of being a taxpayer such as in-state tuition. To be a resident of Maryland, one must live in the state for 30 consecutive days, citizenship is not required.
@FRANKLY SPEAKING your ability to suspend reality never ceases to amaze me. Illegals aliens cannot both be illegal and lawful residents of any state and the United States.
Your open-borders ideology is offensive, dangerous and wrong.
They should be sent home to try again…LEGALLY! This is a foolish argument. The first statement against every case is their story which begins “After we crossed the desert illegally (no passport, no papers, no visa, no permission, no check with our illustrious TSA at the border, etc.)….”
Well if you want to get technical there is alot of military personnel who are illegal aliens, that should have rights that should have citizenship,
@IGRP
You are incorrect. While there may be non-citizens in the military, none are illegal aliens. You must be a legal resident alien to serve in the US military.