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President fires official over border fence fight
KOMO-TV ^ | July 12 2007 | KOMO-TV

Posted on 07/12/2007 9:13:31 PM PDT by republicpictures

The top American on the International Joint Commission is fired by President Bush. And the reason may be a retaining wall in the Washington border town of Blaine.

The city of Blaine doesn't require a building permit for wall four feet high or shorter. The wall is right around four feet.

The top American and the top Canadian on the boundary commission both say the fence must come down because it is within ten feet of the border line. They say the "no obstructions within ten feet rule" is established by a 1925 treaty.

Shirley-Ann Leu owns the property the wall sits on, and says the wall is not a security issue.

"It's a retaining wall to stop the dirt from going down into the ditch," she said.

But this is not just a wall; it's on the U.S.-Canada border. Federal officials say that's illegal.

"It's on our property," Leu said. "Don't you have a right, as an American, to your own property? You paid for it."

But she got two letters from the official International Boundary Commission telling her that according to a 1925 Treat, fences don't good neighbors make. Federal officials said you've got 45 days to tear it down. The letter was signed, 'Dennis Schornack,' the top American on the International Joint Commission

Apparently the president doesn't agree - he's fired Dennis Schornack. Schornack says he can't be fired. Reportedly, that will be decided in the same lawsuit the Seattle federal court is hearing over the wall itself.

Why would George W. Bush get involved in this? Are the Leus really, really big time Republicans?

"I'm a Canadian," Leu told KOMO 4 News, "born and raised in Calgary, Alberta."

Maybe her husband, Herbert, is more GOP.

"I'm an American, yeah," he said. "Actually, I haven't voted for quite a while now."

The Leus say maybe the president thinks like they do - private property is important and that's why the wall is no big deal.

The Leus say their attorney Brian Hodges from the Pacific Legal Foundation told them about Schornack's firing, but they say he and they aren't sure what that means in the legal battle over the wall. They hope it's over, but they don't know.


TOPICS: Canada; Front Page News; Government
KEYWORDS: canadianborder; dennisschornack; fired; ibc; ijc; leu; pacificlegal; schornack

1 posted on 07/12/2007 9:13:32 PM PDT by republicpictures
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To: republicpictures

Attempting to apply the 1925 treaty to this case is a violation of the “takings” clause in the Fifth Ammendment. Taking private property by treaty is not one of the Enumerated Powers.


2 posted on 07/12/2007 9:18:32 PM PDT by sourcery (fRed Dawn: Wednesday, 5 November 2008!)
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To: republicpictures

Sounds to me like they need to define their terms - this is a “retaining wall,” not a “fence.” And define an “obstruction.” I’m sure this will come about in the case.


3 posted on 07/12/2007 9:30:53 PM PDT by the anti-liberal (OUR schools are damaging OUR children)
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To: sourcery
How do I apply for this guy's job

He said he could not be fired. Ummmm.....I bet he's wrong. Over $100,000 a year, for doing basically nothing - in his words.

And I would not spit into the wind!

Nice wall, folks! Carry on! Coming over on Sat for the BBQ?

4 posted on 07/12/2007 9:33:04 PM PDT by LasVegasMac (I've reached the age where happy hour is a nap.)
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To: republicpictures
Scrape away the surface. Of course you probably already have. This isn't about a small fence on personal property.
5 posted on 07/12/2007 9:33:42 PM PDT by just mimi
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To: republicpictures

They need to declare it for what it is...

An erosion abatement device! Enlist the envirowackos in their fight. I’m sure the .gov will roll right over, peeing upon themselves like a beta male.


6 posted on 07/12/2007 9:39:39 PM PDT by ex 98C MI Dude (All my hate cannot be found)
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To: republicpictures
If the President would get in the habit of firing 100 federal bureaucrats who are out of control and abusing their power every day, we might make some progress.
7 posted on 07/12/2007 9:42:09 PM PDT by paul51 (11 September 2001 - Never forget)
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To: sourcery

Who gives a crap about an unenforceable treaty? This trumps 5th Amendment rights? What’s Canada going to wage war if it’s not complied with? I bet they don’t even care.


8 posted on 07/12/2007 9:48:18 PM PDT by miliantnutcase
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To: paul51

Guarantee you this guy, like almost all northern Washington state bureacrats and politicians, is a rabid left wing Dem.


9 posted on 07/12/2007 9:53:12 PM PDT by spyone
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To: paul51
If the President would get in the habit of firing 100 federal bureaucrats who are out of control and abusing their power every day, we might make some progress.

I could think of a few guys who should preceed this lowly border guy. My suggestions...

Alberto Gonzales
Michael Chertoff
Johnny Sutton
The Marine Haditha Prosecutor

10 posted on 07/12/2007 9:58:16 PM PDT by montag813
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To: paul51

It’s about time the President just fired someone for ‘gross stupidity’. I don’t think he needs to fire 100 people though, maybe just 5 a week for the remainder for his term.


11 posted on 07/12/2007 9:58:36 PM PDT by NurdlyPeon (Thompson / Hunter in 2008)
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To: republicpictures

Bush imprisons border guards and combat soldiers, but he has time to defend Canadian fence-owners.


12 posted on 07/12/2007 10:03:29 PM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: montag813
I could think of a few guys who should preceed this lowly border guy. My suggestions...

The BATF would keep a steady supply of candidates for awhile

13 posted on 07/12/2007 10:13:34 PM PDT by paul51 (11 September 2001 - Never forget)
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To: paul51
If the President would get in the habit of firing 100 federal bureaucrats who are out of control and abusing their power every day, we might make some progress.

In 10 or 20 years, maybe. But it's a nice thought.

14 posted on 07/12/2007 10:23:52 PM PDT by irv
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To: LasVegasMac

>He said he could not be fired.<

Is he a civil servant, and can civil servants be fired now?
But do civil servants make $100,000 these days? WOW! I think some salaries could stand a good shrinking!


15 posted on 07/12/2007 10:26:00 PM PDT by Paperdoll ( Vote for Duncan Hunter in the Primaries for America's sake!)
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To: republicpictures

My first thought was that he was fired because he was actually getting the fence built.


16 posted on 07/12/2007 10:28:35 PM PDT by Secret Agent Man
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To: Secret Agent Man

Mine too. Better stated than me. Thanks. Legal Precedent.


17 posted on 07/12/2007 10:31:12 PM PDT by just mimi
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To: republicpictures

tagline change


18 posted on 07/12/2007 10:32:28 PM PDT by Grunthor (Wouldn’t it be music to our ears to hear the Iranian mullahs shouting “Incoming!”?)
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To: Secret Agent Man

The fence on the us-mexico border, I meant...


19 posted on 07/12/2007 10:32:34 PM PDT by Secret Agent Man
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To: republicpictures

“Don’t you have a right, as an American, to your own property?”

No. Now you don’t. Google Kelo. Or simply stop paying your property taxes aka “renting your home from the government.” To find out who really owns your home.


20 posted on 07/12/2007 10:34:04 PM PDT by Grunthor (Wouldn’t it be music to our ears to hear the Iranian mullahs shouting “Incoming!”?)
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To: montag813

Good list.


21 posted on 07/12/2007 10:34:58 PM PDT by Pelham (Deportation- without it you have amnesty.)
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To: sionnsar

For the WA St. ping list.


22 posted on 07/12/2007 11:35:38 PM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus)
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To: montag813

Don’t forget NCIS and Navy Secretary Winter, who refuses to review their fubar investigative techniques.


23 posted on 07/13/2007 12:49:17 AM PDT by 4woodenboats (DefendOurMarines.com)
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To: stinkerpot65
Bush didn't imprison anybody. The political pressure to persecute Marines came directly from scammin Jack Murtha, primarily to influence the public against Bush Policy to maintain the global war on terror.

The same enemedia that has leaked national security secrets to undercut Bush and attack his cabinet has slandered the troops.

How did Murtha calling our troops cold blooded murderers, and the NYT, WaPo, Time, etc. all of whom are dedicated Bush enemies, all of whom refer to the ambush by insurgents in Haditha as a massacre by Marines, get twisted in your mind into "Bush imprisons combat soldiers"?

You got BDS in a big, big way, and it's confusing you.

24 posted on 07/13/2007 1:04:16 AM PDT by 4woodenboats (DefendOurMarines.com)
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To: republicpictures

There must be a story behind that story on both the retaining wall and the firing.


25 posted on 07/13/2007 3:18:47 AM PDT by familyop
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To: familyop

All property is held subject to the public’s right of paying just compensation for “taking” the property for a legitimate public purpose. I would think that if the treaty preceeded the patenting of the land, the title to the land was subject to treaty provisions. If it was patented after the treaty, then the treaty prohibitions would be a taking of the right to use and enjoy. If it is substantial enough, then the court of claims could award just compensation. Otherwise, the court may say it was not a taking of the entire use of the property or taking of sufficient value to qualify for compensation.


26 posted on 07/13/2007 3:31:05 AM PDT by marsh2
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To: republicpictures
"It's on our property," Leu said. "Don't you have a right, as an American, to your own property? You paid for it."

Don't worry, ma'am. The President will save you!

27 posted on 07/13/2007 3:34:48 AM PDT by ovrtaxt (The FairTax and the North American Union are mutually exclusive.)
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To: miliantnutcase; sourcery
Interesting question....can the the Constitution allow what it expressly forbids ?

Looks like it

"Article V

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

28 posted on 07/13/2007 3:50:36 AM PDT by stylin19a (Since bad golf shots come in groups of 3, a 4th bad shot is the start of the next group of 3)
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To: paul51
"firing 100 federal bureaucrats"

They can't be fired or demoted. They are union. All he can do is move them laterally or up.

29 posted on 07/13/2007 4:06:54 AM PDT by Ben Ficklin
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To: Paperdoll

“But do civil servants make $100,000 these days?”

Yes.


30 posted on 07/13/2007 4:15:48 AM PDT by PLMerite ("Unarmed, one can only flee from Evil. But Evil isn't overcome by fleeing from it." Jeff Cooper)
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To: just mimi; Eaker; humblegunner; thackney; TheMom; pax_et_bonum; Allegra; dasher; NYTexan; ...

Bingo!!!


31 posted on 07/13/2007 5:42:44 AM PDT by stevie_d_64 (Houston Area Texans (I've always been hated))
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To: republicpictures

Also...

Isn’t it amazing how many citizens in this country actually own property directly on the international border...Both north and south...

Just an observation...


32 posted on 07/13/2007 5:45:55 AM PDT by stevie_d_64 (Houston Area Texans (I've always been hated))
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To: republicpictures

I thought he was fired for a conflict of interest.

http://209.157.64.200/focus/f-news/1864009/posts
He [President Bush] argued that Schornack holds a quasi-judicial position with an international body.


33 posted on 07/13/2007 5:47:09 AM PDT by Calpernia (Breederville.com)
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To: LasVegasMac

He gets $135,000 a YEAR!!


34 posted on 07/13/2007 5:50:56 AM PDT by Suzy Quzy (Hillary in '08.....Her PHONINESS is GENUINE !!!!)
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To: Paperdoll
Is he a civil servant, and can civil servants be fired now?

Read about it somewhere, something to do with his position being covered by an international treaty between the US and Canada. He flat out said the POTUS does not have the authority to fire me!

And another poster said his salary is $135,000 a year!

35 posted on 07/13/2007 6:25:19 AM PDT by LasVegasMac (I've reached the age where happy hour is a nap.)
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To: LasVegasMac

I doubt that he has “civil service” status....not at that salary. I think there was some guideline under Homeland Security that says he can be fired.


36 posted on 07/13/2007 6:33:55 AM PDT by Sacajaweau ("The Cracker" will be renamed "The Crapper")
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To: 4woodenboats

Bush is the commander in chief. He runs the military and the INS and the Justice Department. He could put a stop to it, but he doesn’t give a flip.


37 posted on 07/13/2007 9:29:24 AM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: All

treaties won’t mean nothing when we (mexico, USA, canada) are all one bug happy country


38 posted on 07/13/2007 4:33:52 PM PDT by sure_fine ( • not one to over kill the thought process)
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