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Bruning takes housing discrimination fight to CNN

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By TIMBERLY ROSS / Associated Press Writer

Tuesday, May 13, 2008 - 12:38:38 am CDT

OMAHA — Nebraska Attorney General Jon Bruning on Monday defended his refusal to prosecute housing discrimination cases on CNN’s “Lou Dobbs Tonight,” again couching his stance in the nationwide debate over illegal immigration.

“In Nebraska, like every other state, our taxpayers have had enough, and they don’t want to see their state attorney represent illegal immigrants,” Bruning said on the show, which Dobbs has often used as a platform to protest illegal immigration.

“My office isn’t going to be the free lawyer for illegal immigrants,” Bruning said.

Story Photo
This file photo from Jan 3, 2006, shows Nebraska Attorney General Jon Bruning at a news conference in Lincoln, Neb. Bruning refused to investigate a complaint of possible housing discrimination because it involved illegal immigrants. Bruning said he will not use taxpayer dollars to file lawsuits for illegal aliens.(AP)

The attorney general has been in the spotlight recently for refusing to prosecute cases of alleged housing discrimination brought to him by the Nebraska Equal Opportunity Commission. But NEOC officials have stressed that while Bruning has made public comments about his refusal to file housing discrimination actions on behalf of illegal immigrants, only one case has involved people in the country illegally. Other discrimination cases have involved U.S. citizens, including disabled people and single parents.

Bruning detractors say he is simply using the illegal immigration issue for political gain.

“Jon Bruning is making a mockery of our state,” said Lincoln attorney Kathleen Neary after watching Bruning’s television appearance. “He is somehow taking pride in the fact that he is not enforcing our laws. It is an embarrassment.”

Neary’s firm, Vince Powers and Associates, and at least three other law firms, the names of which have not been made public, have offered to help the NEOC in its fight with Bruning.

“This case has nothing to do with one illegal resident,” Neary said. “This case has everything to do with the dozens of cases Jon Bruning has refused to file on behalf of disabled Nebraskans, Nebraskans with families, for the last six years.”

NEOC Chairman Arnold Nesbitt said Monday night that Bruning is trying to turn the commission’s concerns about prosecution of its discrimination cases into something it’s not.

“It is not an illegal immigration issue — it never has been, it never will be,” he said.

Since 2003, the commission has said, it has forwarded 41 cases to Bruning’s office, but only one was prosecuted and none has gone to trial. But, according to Bruning’s office, it’s pursued 22 of 58 cases received from the commission.

Bruning has said shoddy casework by commission staff limits the number of cases he can pursue. However, the U.S. Department of Housing and Urban Development, which gives Nebraska money to help prosecute housing discrimination cases, has not deemed the commission’s investigations substandard.

The NEOC stands to lose $240,000 in federal funding if it fails to get cases prosecuted.

Neary and Powers have said state law requires the attorney general to prosecute the commission’s cases, but Bruning contends it gives him the option of whether to prosecute.

The disagreement between Bruning and the commission boiled over last month when Bruning said that while the law protects illegal immigrants from discrimination, he isn’t legally obligated to prosecute on their behalf and that they should seek legal counsel elsewhere.

“It’s important, I think, to be judicious with our precious tax dollars, and don’t spend them willy nilly on someone who isn’t a citizen,” Bruning said Monday on CNN.

He has cited federal welfare law in his refusal to take commission cases involving illegal immigrants.

But HUD officials have said that in housing law, a person’s immigration status is irrelevant.

Officials from Bruning’s office and a member of the commission have been trying to reach an agreement on how to prosecute more discrimination cases to satisfy both federal officials and the commission, according to both sides.

But the progress of those talks looks bleak. NEOC executive director Anne Hobbes said earlier Monday that Bruning has been putting his political agenda before state law.

“Every time we make some headway, he seems to take action like this (appearing on CNN), which is for his own political gain, and that sets back our progress tenfold,” she said.

Hobbs said the commission will discuss how to proceed, including whether to accept offers of free counsel from several Nebraska law firms, at its Friday meeting.

The commission already has enlisted the help of a California law firm, over Bruning’s objection, to negotiate with federal officials and Bruning about the commission’s handling of housing discrimination cases.


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Rhodesia wrote on May 13, 2008 3:06 am:
" The enforcement of laws doesn't only punish the guilty in specific cases, but serves as a deterrent for other potential offenders. When the attorney general, on an almost across-the-board basis, refuses to prosecute discrimination cases, it sends a powerful message. I want my tax dollars used for the admninistion of justice for all Nebraskans, "

What a guy wrote on May 13, 2008 3:41 am:
" Gotta love those compassionate conservatives! "

Mike wrote on May 13, 2008 3:43 am:
" I agree with Attorney General Bruning when he said, “My office isn’t going to be the free lawyer for illegal immigrants”. Keep up the good work!!! "

Mindless Robot wrote on May 13, 2008 4:16 am:
" C'mon, be a Man. Go after the Packing Plants. Go after the Construction companies. Seems kind of petty to go after individuals that just want a roof over their head...that earn their wages working at...Packing plants and Construction companies. "

DOC wrote on May 13, 2008 4:18 am:
" Okay Class. Jon, Jon, where do we find the Jon? Wasn't it just a week or so that our AG was winning the war in the Middle East? Well, maybe not winning the war, but covering the war like a journalist. Well, maybe not covering the war, but he was there. Now, he is putting all of his skills of being out of his office to good use by appearing on CNN. Perhaps he can vacate his office and turn it over to HHS as a mental health facility. He could even stay, he needs the help. "

megan wrote on May 13, 2008 4:48 am:
" bruning is all about the publicity and if this doesn't prove that i dont know what does.. "

Tom wrote on May 13, 2008 5:09 am:
" Keep up the good work Jon. Let's see Powers and Neary, that is right they are from the opposite political party than Jon. Wonder if that has anything to do with there grandstanding. "

Eric wrote on May 13, 2008 5:18 am:
" It is time for our governor to actually do something. FIRE Jon Bruning for misconduct. "

Hjalmer wrote on May 13, 2008 5:57 am:
" So Bruning is trying to turn his own malfeasance in office into an anti immigrant issue? This is the best Nebraska can do in the Attorney General's office? This is what happens when a a State will only vote for the person with the (R) after their name. Simple competence to do the job ceases to matter. "

Hows that again... wrote on May 13, 2008 6:04 am:
" "Every time we make some headway, he seems to take action like this (appearing on CNN), which is for his own political gain, and that sets back our progress tenfold,”...

The only way Mr. Bruning can be setting back your progress Ms. Neary,
is if there are enough people that agree with his thinking. I aplaud
Mr. Bruning for at least bringing the issue out out front if nothing else.
"

What if wrote on May 13, 2008 6:31 am:
" Then by his standard:
“In Nebraska, like every other state, our taxpayers have had enough, and they don’t want to see their state attorney represent illegal immigrants,”

Does this mean that the AG's office would not prosecute someone who murders an illegal immigrant in the state?

I understand not wanting to "defend" illegal immigrants, but I would guess that if a landlord were to discriminate against illegal aliens, they would also be likely to discriminate against other minoritys who have a legal status. This is what he would be fighting, even though yes, this would have to happen by representing illegal immigrants.

The law is the law. A man who steals a penny is no better or no worse than a man who steals a thousand dollars. They are both criminals reagrdless of the amount. The law must be upheld, as he swore to do. What an embarassment Jon Bruning is to Nebraska. "

In the past several days... wrote on May 13, 2008 6:34 am:
" In the past several days, Jon Bruning has been in Iraq, on CNN and in the editorial column. Too bad he hasn't been in the law library reading up on the law, or he'd know that the Welfare Check law he is citing as a reason not to do his job does not apply, while the state and federal housing laws that he's ignoring actually do apply.

Let's hear Bruning respond to the allegations that only one of the cases involves illegal immigrants while the majority he refuses to prosecute involve American citizens. Why has he been fighting this agency for years? Why haven't we heard this hue and cry from Bruning for the past several years regarding these cases dealing with Americans? I also want to hear specific details about what steps Bruning's office has taken to improve the "shoddy" casework from the agency they're fighting. If the NEOC is doing such a poor job of investigating, what has Bruning's office been doing to improve their investigations, since he is the NEOC's "real" legal counsel?

I'd like to hear answers to all of these questions. Somehow, Mr. Dodd forgot to ask these questions last night. "

outwesterner wrote on May 13, 2008 6:51 am:
" Jon Bruning is looking out for LEGAL citizens who have to pay the State of Nebraska's tax bill. Legal citizens are sick and tired of having to pay higher bills for hospitals visits, health and auto insurance, taxes, etc., because many illegals fail to pay their fair share, or pay at all. No liberal attorney or anyone else can dispute these facts, unless they lie about it. "

Ts Buddy wrote on May 13, 2008 6:52 am:
" Why would the commission enlist the help of a California law firm, when several Nebraska law firms are offering free counsel? "

Jennifer wrote on May 13, 2008 7:07 am:
" I don't understand why Bruning keeps singing the "illegal immigration is bad" song. He isn't running for Senate anymore, or is this part of his master plan to run again in a few years? I guess this way he could make a claim in a commercial that he was "tough on immigration."

If I have understood correctly, there was only one case that involved illegal immigrants. What about the disabled, single moms, or families with lots of loud children that were discriminated against? He keeps claiming that Nebraskans want this or don't want that; I'm a Nebraskan and I'd like to tell Mr. Bruning that I would like him to do his job! Ok, don't prosecute the case involving illegal immigrants, but please prosecute the others!!! "

Dave wrote on May 13, 2008 7:36 am:
" Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.


Enough said! "

mishmash wrote on May 13, 2008 7:41 am:
" What has happened to Nebraska's reputation of years past of statesman ship in elected office? Our last two Attorney General's have used their office and status ONLY to try to reach higher office. Press releases on issues deemed popular (after first testing the water) are all we see from these people as they pick and choose issues that they deem make them look good. Unfortunately, we Nebraskan's continue to fall for this schizophrenia scirrhous due our own uninformed misconseptions. Shame on us! "

In his words wrote on May 13, 2008 8:03 am:
" I recieved this email from Joh Bruning:
Thank you for your recent letter of support regarding the interactions between my office and the Nebraska Equal Opportunity Commission (NEOC). I take the responsibility of protecting Nebraska taxpayer dollars very seriously.

Since I became Attorney General in 2003, my office has filed 13 of 21 housing cases referred to us where the NEOC found reasonable cause that discrimination occurred. The contention by the NEOC that we have not pursued a single case is wrong.

In regard to the recent case that has garnered so much attention, our office initially did not pursue the case because there was no evidence of discrimination, not because of the tenant’s immigration status. The tenant, who was late on his rent, was asked for a copy of his driver’s license, as was every other tenant in the complex. He was not treated any differently than anyone else. In fact, he volunteered his status and asked our office not to proceed with the case.

The immigration issue came to light when I was asked whether my office would represent an illegal alien against a landlord in a civil case. My position is this: While I will always prosecute a landlord who has a pattern and practice of actual discrimination, I will not file lawsuits to seek monetary damages on behalf of illegal aliens.

Jon Bruning
Attorney General
"

Recall Bruning wrote on May 13, 2008 8:03 am:
" Seriously. What a grandstander. Let's get a real Nebraskan in the AG's office not some showboat. I don't understand where he has time to do his job between the TV and side trips to Iraq. Why run for senate when you can just act like a senator?s "

Action wrote on May 13, 2008 8:03 am:
" I saw this on CNN, Jon had the worst make-up job on I've seen. Jon does not seem to like to enforce some laws and also feels EVERYONE should follow pResident Bush without question. He needs to be voted out! He seems like a nice guy to sit around and have a few beers with, but as a leader, NOT! "

ED wrote on May 13, 2008 8:04 am:
" He needs National News coverage, since Nebraskans don't agree with him. He says: Let's let landlords discriminate against anyone. I say: if they are against illegal aliens (but hey, still want to rent to them!), they are discriminating against'regular' folks, too "

Grundle wrote on May 13, 2008 8:31 am:
" To 'go after the packing plants and construction companies', I believe INS would have to file the case. Bruning isn't an investigator, and the problems in these industries is due to lax enforcement by the INS. "

Despite wrote on May 13, 2008 8:33 am:
" What the right wing says about illegals not paying taxes, they do. If you get a paycheck, federal, state and FICA taxes are deducted. If anyone can prove any different, please cite your sources.

BTW, how does Bruning know that that person was an illegal immigrant in the first place?

Also, where in the US Constitution does it say that the laws of this country only apply to citizens? I thought the constitution applied to ALL People in the country and not just a select few.

Bruning is just grandstanding as usual. He needs to see his name in the paper whether he is right or wrong. "

Dano wrote on May 13, 2008 8:45 am:
" Wonder why he is going there. Sure isn't about the stance. I wish John would step aside from the political sphere long enough to do his job.

You want to run for office fine, but do it on your own time/dime, not the taxpayers. I want an AG that is here, spending his time on cases and issues. Not visiting Iraq, grandstanding on TV, etc. Thjis guy will never get my vote for a office in this state, again. "

jo wrote on May 13, 2008 8:47 am:
" THIS Nebraska taxpayer would appreciate it if Jon Bruning wouldn't claim to represent her opinion on this issue. HE is wasting my tax dollars with his ridiculous refusal to DO HIS JOB, preferring to grandstand instead. "

So Simple wrote on May 13, 2008 8:48 am:
" This situation is very easy to resolve. The NEOC keeps doing their job, but reports the illegals to immigration. The AG office upholds the laws of the state of Nebraska. Everybody wins.

Maybe if Bruning spent more time in the state working, and less time trying to get his name in the paper he could make a difference (and build a case for the next office he seeks). "

JR wrote on May 13, 2008 8:51 am:
" Maybe some of you didn't quite grasp the whole point. Maybe with your blinders on you did not see the whole picture. Or, maybe you are just such blind, party loyalists that you refuse to see the truth. Let me say this as plain as I know how. This is not about immigration , legal or otherwise. It is about tax paying Nebraskans being discriminated against by law breakers and our grandstanding Attorney General refusing to prosecute the criminals. And here I thought he was supposed to be tough on crime. If we lose the federal money then he should make up the difference out of his salary. I bet that would open his eyes a bit. "

peb wrote on May 13, 2008 9:04 am:
" Like those that disagree with Jon Bruning's actions are going to listen him and Lou Dobbs rant and rave! Will basically be Lou and Jon "preaching to the choir." And I want Bruning to answer why he hasn't gone after the corporations who hire the illegal immigrants. "

Howie wrote on May 13, 2008 9:11 am:
" Go get um Jon. When will the people see it our way. I do not want ONE single Cent of my taxes paying for an ILLEGAL self help defense fund. "

Out with Bruning wrote on May 13, 2008 9:15 am:
" It was obvious watching Bruning on CNN last night that he is grandstanding, pandering to the racist population of this country. If he is truly trying to work out a deal with the NEOC, Jon this is not the way to do it! Have you not learned anything yet? Just shut up and start doing your job. That is all we Nebraskans want to see. "

josh wrote on May 13, 2008 9:32 am:
" Why isnt Bruning doing his job in Nebraska? All I see is someone preparing for elected office in the future. "

Craig wrote on May 13, 2008 9:37 am:
" Thanks Dave for clearing this up! Amazing how people let their emotions override facts and common sense. Some communities have made it illegal to even rent to an illegal immigrant. We could clear this all up by making illegal entry into this country a criminal offense instead of just a civil offense. Too bad the politicians continue to buy the votes of illegal immigrants and are too scared to make that change. "

natefrog wrote on May 13, 2008 9:57 am:
" Bruning should be impeached, plain and simple. "

Negative Ned wrote on May 13, 2008 10:15 am:
" You people seem to forget one thing.....if they are illegal in this country they DO NOT have the same rights in our laws that citzens do. Illegal is is ilegal....end of story. "

K. wrote on May 13, 2008 11:49 am:
" How about Neary & Powers pick up the tab for this lawsuit? Bruning is correct on this one, thanks Jon for making sure my hard earned tax dollars aren't used on illegals. "

Hey Ned wrote on May 13, 2008 12:25 pm:
" You may want to read the Constitution, and any applicable state and federal laws regarding persons inside our borders. There is no law which says foreigners, whether here legally or illegally, have zero rights. On the contrary, all persons inside our borders are protected by the same civil laws which protect citizens. We don't have to like it, but we do have to uphold those laws. That's not up for debate. "

wrote on May 13, 2008 12:28 pm:
" I find it humorous that Lou Dobbs, the Anti-Illegal Immigrant Brigade Commander himself, didn’t play into Bruning’s attempt to cloud the issue. Dobbs obviously saw through the smoke and mirrors and realized that Bruning was trying to spread his propaganda through the show using the “illegal immigrant” excuse for not filing civil action on ANY OTHER cases involving legal citizens… and it backfired on him! HA HA HA, he thought he had a friend! Dobbs compared Bruning to Bush and asked him how he is any different from the president when he chooses to follow the law only at his own discretion. Sorry Jonny-laws cannot be circumvented to favor your political agenda. And your desperate attempt to round up as many supporters for your unethical behavior by appealing to their anti-illegal sentiments is failing- people aren’t as stupid as you believe. "

soonbxRpblcn wrote on May 13, 2008 12:40 pm:
" Is anyone else as sick of Jon Bruning wasting tax payers dollars in coming up with excuses for not taking cases forward involving discrimination against CITIZENS in this state? Cowboy up, do your job, and petition for the laws to be changed at the next legislative session. Period. This temper-tantrum has to end. It’s an embarrassment to this state. "

Bruning Supporter wrote on May 13, 2008 12:47 pm:
" Granted, Jon Bruning is turning this issue into a political football, but Vince Powers' office is only too willing to play.

The real issue here is the incompetency of the NEOC and their consistency in bringing frivolous, undefensible cases to the AG's office. That's it in a nutshell. The AG's office cannot bring cases to court with taxpayer dollars IF THEY DON'T THINK THE STATE CAN WIN. Which part of that is difficult to understand? This is why there has been so much discussion on the training of the NEOC lawyers and how they put together cases. Bruning made this into "illegal immigrant" case for publicity purposes, but the real behind the scenes story is the poor job the NEOC has done in putting together cases. "

Thank you wrote on May 13, 2008 1:33 pm:
" Thank you Mr. Bruning for standing up for the tax payers of this state. I agree, I don't want one cent of MY tax money spent defending people who are here ILLEGALLY. "

DLJ wrote on May 13, 2008 3:09 pm:
" My sincere thank to Jon Bruning for watching my taxpayer dollars. The NEOC sure isn't, as they've spent tons of money on cases not defensible in court - illegals or otherwise! And they do have a course of action if they've truly been discriminated against - they can easily find a lawyer themselves, just like most of us would have to. And if the case is true, the lawyer won't take any money up front. But that's not what's happening is it? Instead they are asking the state to pick up the bill - and the NEOC is only too glad to spend our money. "

homey wrote on May 13, 2008 3:55 pm:
" “This case has everything to do with the dozens of cases Jon Bruning has refused to file on behalf of disabled Nebraskans, Nebraskans with families, for the last six years.”
“It is not an illegal immigration issue — it never has been, it never will be,”

These words seem to be lost on many. Bruning's strategy of blinding the citizens is working. Hide evrything behind one case, scream illegal immigrant and Bubba and all of buddies are there for ya regardless of the taxpaying citizens and legal citizens that are also being hurt here.
And people wonder why I laugh when they show comercials about Nebraska values and how we all look out after each other !! "

HTA wrote on May 13, 2008 5:54 pm:
" Hey Dave. Thanks for pointing out that Federal Act. At one point Brunig said he would not turn in the illegal immigrants that were central to this case. I'd consider that assisting them, so when is Jon going to turn him self into Federal authorities. Because, you know, he just loves upholding the law. "

booing wrote on May 13, 2008 6:15 pm:
" Let's not all forget here that the Federal Government's stance is that they will not continue to fund the NEOC based on the AG's office's failure to prosecute cases. Surely, there must be merit to many of these cases, or the Feds wouldn't nix the funding. Bruning is grandstanding.

To the blogger who requested the Governor fire Bruning: Bruning is elected, therefore the Governor cannot control Bruning one bit.

Frankly, if he is choosing to not prosecute cases, maybe one could file a complaint against the bar association? Especially if he is flagrantly ignoring the Federal law?

Might be worth checking out.


"

airedale wrote on May 13, 2008 6:23 pm:
" I watched the interview. Lou usually gets excited when he is interviewing someone who is actually fighting illegal immigrants. He didn't seem to enthusiastic when he was talking to Bruning and at one point even pointed out that a case could be made that Bruning like Bush enforces only those laws that he sees fit to enforce.

In other words I think Dobbs knows a tinhorn when he sees one.

Jon has done NOTHING and will continue to do NOTHING about illegal immigration. This is just more smoke and mirrors to cover up the bad job he has done representing the State of Nebraska.

"

Not taxpayers wrote on May 13, 2008 7:22 pm:
" Illegal immigrants ARE Nebraska taxpayers. Among the state and federal taxes they pay are sales taxes, gasoline taxes, state taxes on cigarettes and alcohol -- they even pay property taxes through rent payments to landlords. The also have Social Security and federal income taxes deducted from their paychecks. Bruning's arguments are specious. "

yeah wrote on May 13, 2008 9:44 pm:
" I'm sure they pay lots of taxes in cigarettes and alcohol, but rip us off in rent, since there are usually a dozen or so of them living under one roof, hence the initial complaint. "

Mayday wrote on May 13, 2008 11:14 pm:
" Let's not forget when it comes to taxes illegal aliens are receiving their earnings with fraudulant documents which is against the law. Thank you Jon for doing the right thing! "

Matt Poulsen wrote on May 14, 2008 1:37 am:
" Thanks Bruning for painting Nebraska as a nice racist state. It doesn't really matter what your argument is because by going on CNN to make this case the rest of America will not look at us as being discriminatory. Furthermore, why are you on CNN in the first place?? Or in Iraq recently?? When exactly ARE you doing the job of attorney general? "

Calm down people wrote on May 14, 2008 6:10 am:
" If they were here LEGALLY then they have the rights to an attorney. This is America where we should be flying our flag, speak English as the primary language. You don't see other countries allowing this to happen. Am tired of immigrants trying to make our country their country. Do it right like the U.S. citizens and gain your privleges like the rest of us. So what should Bruning's priority be, helping people not here legally or helping those that are? Since when in the constitution does it say I have to speak Spanish as my first language before I am able to flip hamburgers? "

ON TV wrote on May 14, 2008 9:02 am:
" Gotta love John - discuss it in a public forum in NE or go on CNN - classic John! "

Bruning is a Joke wrote on May 14, 2008 11:38 am:
" Iraq, CNN, maybe Jon Bruning should focus his efforts on the job that hardworking Nebraskans pay him to do, instead of trying to build political hype for whatever office he runs for next. "

geewhiz wrote on May 14, 2008 7:23 pm:
" By going national, A.G. Bruning has not been of service to the state. He is making the state seem racist. The issue is whether someone is being discriminated upon their race, not whether they are in the country legally. Is the person considered "illegal" due to his/her race? If the landlord treated everyone the same, this would not be an issue. For example, requiring proof of legal residence to every single potential renter. Requiring the same other requirements from every renter, regardless of race. If he wanted to prove this (the landlord did this), he should have started the process and then stopped the case once it was shown in the public domain that this was the case. From what I've read (could be wrong), this is not the case. Bruning needs to learn to pick his battles. This battle has been fought in other courts. Don't choose on what someone is ultimately -- someone is of a certain race and they end up being a criminal.. so the discrimination was justified. This is how it can be viewed. Unwise choice that is appealling to the wrong people. "