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No. 20-17132 in the UNITED STATES COURT of APPEALS
Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-6, Page 1 of 63 No. 20-17132 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATIONAL ASSOCIATION OF MANUFACTURERS, et al., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 4:20-cv-4887-JSW The Hon. James S. White DEFENDANTS-APPELLANTS’ EXCERPTS OF RECORD Volume 6 of 6 ER 958–1018 JEFFREY BOSSERT CLARK JOSHUA S. PRESS Acting Assistant Attorney General Trial Attorney WILLIAM C. PEACHEY United States Department of Justice Civil Division, Director Office of Immigration Litigation MATTHEW J. GLOVER District Court Section Senior Counsel to the Assistant P.O. Box 868, Ben Franklin Station Attorney General Washington, DC 20044 GLENN M. GIRDHARRY Phone: (202) 305-0106 Assistant Director Fax: (202) 305-7000 e-Mail: [email protected] AARON S. GOLDSMITH Senior Litigation Counsel Attorneys for Defendants-Appellants Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-6, Page 2 of 63 TABLE OF CONTENTS ECF DATE DESCRIPTION PAGES No. 1 07/21/2020 Complaint ER 0958 11/13/2020 District Court Docket Sheet ER 1001 Case:Case 20-17132, 3:20-cv-04887 11/20/2020, Document ID: 11901254, 1 Filed DktEntry: 07/21/20 22-6, Page Page 1 of 343 of 63 1 MCDERMOTT WILL & EMERY LLP Paul W. Hughes (Pro Hac Vice to be filed) 2 [email protected] Michael B. Kimberly (Pro Hac Vice to be filed) 3 [email protected] 500 North Capitol Street NW 4 Washington, DC 20001 5 (202) 756-8000 6 MCDERMOTT WILL & EMERY LLP William G. -
Chapter 2, State Executive Branch
CHAPTER TWO STATE EXECUTIVE BRANCH The Council of State Governments 23 THE GOVERNORS, 1986-87 By Thad L. Beyle Considerable interest in gubernatorial elec Rhode lsland), and Madeleine Kunin (D.Ver. tions was expressed during 1986-87, a period mont). between presidential campaign& Fint, there Thirteen incumbent governors were constitu was considerable political activity in the form tionally ineligible to seek another term: Bob of campaigning as 39 governol"8hips were con Graham (D.Florida), George Ariyoshi (D·Ha· tested. Second, as the problema 8B8OCiated with waii), John Carlin (D.Kansas), Martha Layne the federal deficit and the ideoiogicalstance of Collins (D.Kentucky), Joseph Brennan (D the Reagan administration continued, gover Maine), Harry Hughes (D.Maryland), Thney non and other state leaders made difficult deci Anaya (D.New Mexico), George Nigh CD·Okla sions on the extent of their statal' commitment homa), Victor Atiyeh (R.Oregon), Dick Thorn· to a range ofpolicy concerns. Third was the con burgh (R.Pennsylvania), Richard Riley (D. tinuing role of the governorship in producing South Carolina), William Janklow (R.South serious presidential candidates aft.er a period Dakota), and Lamar Alexander (R.Thnne68e6). in which it was believed that governors could Seven incumbents opted to retire; George no longer be considered as potential candidates Wallace (D.Alabama), Bruce Babbitt CD-Arizo for president.) Fourth was the negative publi. na), Richard Lamm (D-Colorado), John Evans city fostered by the questionable actions of (D.Idaho). William Allain (D-Mississippi), several governors. which in one case lead to an Robert Kerry CD·Nebraska), and Ed Hershler impeachment and in two others contributed to CD ·Wyoming). -
Governor Richard Lamm Day
WHEREAS, Richard Lamm, a state legislator, three-term Governor, and passionate Coloradan, left a lasting and historic legacy on his beloved state of Colorado; and WHEREAS, Governor Lamm’s life is a tapestry of service, starting in the armed forces and ending in the Colorado State Capitol; and WHEREAS, Governor Lamm was a trailblazer, taking on every challenge Colorado faced, always with the wellbeing of Coloradans at the forefront of his mind; and WHEREAS, he will be remembered by many for his passion for and dedication to environmentalism, sparked by his successful and unprecedented effort to block the 1976 Winter Olympic Games; and WHEREAS, Governor Lamm fought tirelessly to protect Colorado’s economy, environment and citizens from the negative impacts he believed the games would leave on Denver, facing stiff opposition from the business community he stood resolute on behalf of what he believed; and WHEREAS, this effort not only gained Governor Lamm national political notoriety, but solidified his reputation to cross party lines and create strong bipartisan coalitions to do what was best of the state; and WHEREAS, in 1967, then Representative Lamm championed legislation paving the way for legal women's reproductive rights in Colorado, 6 years preceding the Supreme Court decision on Roe V Wade. By 1970, 13 states had followed his and Colorado’s leadership and passed similar laws; and WHEREAS, during the same year, Representative Lamm co-sponsored Colorado’s landmark public records legislation, creating the Colorado Open Records Act, created -
Jones (Stephen) Oklahoma City Bombing Archive, 1798 – 2003 (Bulk 1995 – 1997)
JONES (STEPHEN) OKLAHOMA CITY BOMBING ARCHIVE, 1798 ± 2003 (BULK 1995 ± 1997). See TARO record at http://www.lib.utexas.edu/taro/utcah/03493/cah-03493.html (Approximately 620 linear feet) This collection is open for research use. Portions are restricted due to privacy concerns. See Archivist's Note for more details. Use of DAT and Beta tapes by appointment only; please contact repository for more information. This collection is stored remotely. Advance notice required for retrieval. Contact repository for retrieval. Cite as: Stephen Jones Oklahoma City Bombing Archive, 1798 ± 2003 (Bulk 1995 ± 1997), Dolph Briscoe Center for American History, University of Texas at Austin. [AR 98-395; 2003-055; 2005-161] ______________________________________________________________________________ BIOGRAPHICAL NOTE: Stephen Jones (born 1940) was appointed in May 1995 by the United States District Court in Oklahoma City to serve as the lead defense attorney for Timothy McVeigh in the criminal court case of United States of America v. Timothy James McVeigh and Terry Lynn Nichols. On April 19, 1995, two years to the day after the infamous Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, and Firearms raid on the Branch Davidians at Waco, Texas, a homemade bomb delivered inside of a Ryder rental truck was detonated in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Timothy McVeigh, as well as his accomplice Terry Nichols, were accused of and, in 1997, found guilty of the crime, and McVeigh was executed in 2001. Terry Nichols is still serving his sentence of 161 consecutive life terms without the possibility of parole in the ADX Florence super maximum-security prison in Florence, Colorado. -
The Public Eye, Summer 2010
Right-Wing Co-Opts Civil Rights Movement History, p. 3 TheA PUBLICATION OF POLITICAL R PublicEyeESEARCH ASSOCIATES Summer 2010 • Volume XXV, No.2 Basta Dobbs! Last year, a coalition of Latino/a groups suc - cessfully fought to remove anti-immigrant pundit Lou Dobbs from CNN. Political Research Associates Executive DirectorTarso Luís Ramos spoke to Presente.org co-founder Roberto Lovato to find out how they did it. Tarso Luís Ramos: Tell me about your organization, Presente.org. Roberto Lovato: Presente.org, founded in MaY 2009, is the preeminent online Latino adVocacY organiZation. It’s kind of like a MoVeOn.org for Latinos: its goal is to build Latino poWer through online and offline organiZing. Presente started With a campaign to persuade GoVernor EdWard Rendell of PennsYlVania to take a stand against the Verdict in the case of Luis RamíreZ, an undocumented immigrant t t e Who Was killed in Shenandoah, PennsYl - k n u l Vania, and Whose assailants Were acquitted P k c a J bY an all-White jurY. We also ran a campaign / o t o to support the nomination of Sonia h P P SotomaYor to the Supreme Court—We A Students rally at a State Board of Education meeting, Austin, Texas, March 10, 2010 produced an “I Stand With SotomaYor” logo and poster that people could displaY at Work or in their neighborhoods and post on their Facebook pages—and a feW addi - From Schoolhouse to Statehouse tional, smaller campaigns, but reallY the Curriculum from a Christian Nationalist Worldview Basta Dobbs! continues on page 12 By Rachel Tabachnick TheTexas Curriculum IN THIS ISSUE Controversy objectiVe is present—a Christian land goV - 1 Editorial . -
Politics 1-6 Commentary 6-7 FORUM Duly Noted 8
CONTENTS Politics 1-6 Commentary 6-7 FORUM Duly Noted 8 JULY 15, 1974 Vol. X, No. 14 50 CENTS POLITICS: REPORTS islation, but the implementation now under way of the new law's rules is still a controversial topic. COLORADO Daniels, a Denver businessman and part-owner of the Utah Stars basket Furthermore, there is some danger ball team, has drawn the bulk of his that the burning issue of the upcoming In only six states this year, incum support from state and Denver party Denver congressional race may spill bent governors will face or have faced leaders. Competition between the two over into state politics. A bitter fight serious primary challenges. GOP aspirants perhaps peaked in is expected between U.S. Rep. Patricia In South Dakota and Texas, respec Denver June 1 when delegates to the Schroeder (D) and State Rep. Frank tively, Democratic incumbents annihi state assembly were chosen. Daniels Southworth. Southworth, president of lated more liberal challengers with sur needed a strong showing from his the Denver Board of Education, is an prising ease. In Florida, Gov. Reubin Denver supporters but failed to get outspoken opponent of school busing Askew (D) is expected to have the it. In the pre-meeting acrimony, Den and is expected to make it his major same success, but in Oklahoma, the ver GOP Chairman James Aspinal, a issue. The publicity given busing could politi~allife expectancy of Gov. David Daniels backer, denied Denver GOP conceivably complicate the state guber Hall (D), embattled by investigations Secretary Mary Hofstra, a Vanderhoof natorial race as well. -
The Chief Management Officer of the Department of Defense: an Assessment
DEFENSE BUSINESS BOARD Submitted to the Secretary of Defense The Chief Management Officer of the Department of Defense: An Assessment DBB FY 20-01 An assessment of the effectiveness, responsibilities, and authorities of the Chief Management Officer of the Department of Defense as required by §904 of the FY20 NDAA June 1, 2020 DBB FY20-01 CMO Assessment 1 Executive Summary Tasking and Task Force: The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) (Public Law (Pub. L. 116-92) required the Secretary of Defense (SD) to conduct an independent assessment of the Chief Management Officer (CMO) with six specific areas to be evaluated. The Defense Business Board (DBB) was selected on February 3, 2020 to conduct the independent assessment, with Arnold Punaro and Atul Vashistha assigned to co-chair the effort. Two additional DBB board members comprised the task force: David Walker and David Van Slyke. These individuals more than meet the independence and competencies required by the NDAA. Approach: The DBB task force focused on the CMO office and the Department of Defense (DoD) business transformation activities since 2008 when the office was first established by the Congress as the Deputy Chief Management Officer (DCMO), and in 2018 when the Congress increased its statutory authority and elevated it to Executive Level (EX) II and the third ranking official in DoD. The taskforce reviewed all previous studies of DoD management and organizations going back twenty years and completed over ninety interviews, including current and former DoD, public and private sector leaders. The assessments of CMO effectiveness since 2008 are focused on the performance of the CMO as an organizational entity, and is not an appraisal of any administration or appointee. -
'Broken Borders' and Stone Walls
Talk of ‘Broken Borders’ and Stone Walls 21 Talk of ‘Broken Borders’ and Stone Walls: Anti-immigrant Discourse and Legislation from California to South Carolina Ann Kingsolver University of South Carolina The anti-immigrant sentiments that propelled the passage of California Proposition 187 in 1994 – linked to an economic downturn and worries about NAFTA – have been echoed across the U.S. over the intervening sixteen years. This article briefly reviews public discourse about anti-immigrant legislation in a wave of other states from California to South Carolina, and discusses the convergence of anti- immigrant and white supremacist projects in the U.S., using the concepts of market citizenship and citizen surveillance. As new anti-immigrant legislation is proposed in the South, understanding it within its national and historical context is important. This discussion includes consideration of the role of metaphor in both fueling and countering anti-immigrant discourse. Anti-immigrant discourse: ‘broken’ borders and stone walls Legislation that may be worded in terms of protecting U.S. or state citizens but be referred to in public discourse as anti-immigration or anti-immigrant legislation has been making its way through statehouses across the U.S. over the past decade and a half. This is the latest round of legislation blaming recent immigrants (often from a specific nation or set of nations) for economic hardship or criminal activity in the U.S., which is portrayed as possible to alleviate with the removal or barring of undocumented or “illegal immigrants.” The research question taken up here is: what larger discursive projects (e.g., racializing projects, cf. -
SAY NO to the LIBERAL MEDIA: CONSERVATIVES and CRITICISM of the NEWS MEDIA in the 1970S William Gillis Submitted to the Faculty
SAY NO TO THE LIBERAL MEDIA: CONSERVATIVES AND CRITICISM OF THE NEWS MEDIA IN THE 1970S William Gillis Submitted to the faculty of the University Graduate School in partial fulfillment of the requirements for the degree Doctor of Philosophy in the School of Journalism, Indiana University June 2013 ii Accepted by the Graduate Faculty, Indiana University, in partial fulfillment of the requirements for the degree of Doctor of Philosophy. Doctoral Committee David Paul Nord, Ph.D. Mike Conway, Ph.D. Tony Fargo, Ph.D. Khalil Muhammad, Ph.D. May 10, 2013 iii Copyright © 2013 William Gillis iv Acknowledgments I would like to thank the helpful staff members at the Brigham Young University Harold B. Lee Library, the Detroit Public Library, Indiana University Libraries, the University of Kansas Kenneth Spencer Research Library, the University of Louisville Archives and Records Center, the University of Michigan Bentley Historical Library, the Wayne State University Walter P. Reuther Library, and the West Virginia State Archives and History Library. Since 2010 I have been employed as an editorial assistant at the Journal of American History, and I want to thank everyone at the Journal and the Organization of American Historians. I thank the following friends and colleagues: Jacob Groshek, Andrew J. Huebner, Michael Kapellas, Gerry Lanosga, J. Michael Lyons, Beth Marsh, Kevin Marsh, Eric Petenbrink, Sarah Rowley, and Cynthia Yaudes. I also thank the members of my dissertation committee: Mike Conway, Tony Fargo, and Khalil Muhammad. Simply put, my adviser and dissertation chair David Paul Nord has been great. Thanks, Dave. I would also like to thank my family, especially my parents, who have provided me with so much support in so many ways over the years. -
Clinton's Lead Over Dole Now Twenty-Two Percent Among Registered Voters Compared to Seventeen Percent a Month Earlier
The IEi#arris Pvll THE HARRIS POLL 1996 #42 Wednesday, July 17, 1996 CLINTON'S LEAD OVER DOLE NOW TWENTY-TWO PERCENT AMONG REGISTERED VOTERS COMPARED TO SEVENTEEN PERCENT A MONTH EARLIER by Humphrey Taylor Republican candidate Bob Dole is making absolutely no impression on President Clinton's big poll lead. In the latest Harris Poll, the president's lead is actually wider than it was a month earlier. In mid-June, the president enjoyed a 17- point lead among registered voters; 'the latest poll shows him 22 points ahead. 'These are the results of Harris Poll of 1,005 adults, including 871 people who claim to be registered voters, surveyed between July 9 and 13. There are several different ways of analyzing the results from this new Harris Poll: When the analysis is lirr~itedto registered voters who claim to have voted in 1992, the president's lead widens to 24 points. When those who say they don't expect to vote are eliminated, the president's lead widens to 27 points among all adults and 25 points among registered voters. When Ross Perot is included as a third party candidate he wins the support of 16 percent, after eliminating those who say they would not vote. This number is essentially unchanged since the May and June Harris Polls. Louis Harris and Associates, Inc. 11 1 Fifth Avenue NYC (21 2) 539-9600 i Perot takes votes almost equally from Clinton and Dole, and leaves the president's lead virtually unchanged. When possible Independent party candidate Richard Lamm is included as the third candidate instead of Perot he gets the support of five percent, approximately one-third of Ross Perot's current support. -
The Nativist Lobby Three Faces of Intolerance
The Nativist Lobby Three Faces of Intolerance A Report from the Southern Poverty Law Center Montgomery, Alabama February 2009 The Nativist Lobby Three Faces of Intolerance By Heidi BeiricH • edited By Mark Potok the southern poverty law center is a nonprofit organization that combats hate, intolerance and discrimination through education and litigation. Its Intelligence Project, which prepared this report and also produces the quarterly investigative magazine Intelligence Report, tracks the activities of hate groups and the nativist movement and monitors militia and other extremist anti- government activity. Its Teaching Tolerance project helps foster respect and understanding in the classroom. Its litigation arm files lawsuits against hate groups for the violent acts of their members. MEDIA AND GENERAL INQUIRIES Mark Potok, Editor Heidi Beirich Southern Poverty Law Center 400 Washington Ave., Montgomery, Ala. (334) 956-8200 www.splcenter.org • www.intelligencereport.org • www.splcenter.org/blog This report was prepared by the staff of the Intelligence Project of the Southern Poverty Law Center. The Center is supported entirely by private donations. No government funds are involved. © Southern Poverty Law Center. All rights reserved. southern poverty law center Table of Contents Preface 4 The Puppeteer: John Tanton and the Nativist Movement 5 FAIR: The Lobby’s Action Arm 9 CIS: The Lobby’s ‘Independent’ Think Tank 13 NumbersUSA: The Lobby’s Grassroots Organizer 18 southern poverty law center Editor’s Note By Mark Potok Three Washington, D.C.-based immigration-restriction organizations stand at the nexus of the American nativist movement: the Federation for American Immigration Reform (FAIR), the Center for Immigration Studies (CIS), and NumbersUSA. -
Whose Revolution in Eastern Europe
[Apology] and bragging about it in a way that distorted the whole story. MIKE DUKAKIS, Let's forget this one matter. I know it would WATCH YOUR MAIL do my heart and soul a lot of good. I assure you that I have no ax to grind with you or, frankly, with anyone else. My illness has taught me From a letter sent last June by Lee Atwater, then something about the nature of humanity, love, chairman of the Republican National Committee, to brotherhood, and relationships that I never un- Tom Turnipseed, a Columbia, South Carolina, at- derstood and probably never would have. So torney. In 1980 Atwater organized polling for the from that standpoint, there is some truth and campaign to reelect Floyd Spence, a Republican good in everything. Aside from that, I feel like running against Turnipseed for Congress. When the little boy in the manure pile that Ronald Turnipseed, who had undergone electroshock ther- apy in his youth, accused Atwater of using telephone Reagan talked about. He was shoveling away pollsters to falsely inform voters that Turnipseed be- and looked up and smiled and said, "There's got longed to the NAACP, Atwater replied, ''I'm not to be a pony in there somewhere." The closest going to respond to that guy. In college, I under- thing to a pony that I can think of would be for stand they hooked him up to jumper cables." Spence you to help put this thing behind us. won the election. Atwater, who is currently being Sincerely, treated for a' brain tumor, resigned as chairman Lee recently.