November 27, 2013 09:27 AM UTC

Coffman may take personal legal action against Obama

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• by: Jason Salzman

(Promoted by Colorado Pols)

Rep. Mike Coffman announced Tues. that he may file a personal lawsuit against President Barack Obama over what Coffman sees as Obama's abuse of power.

Speaking on KHOW radio's Mandy Connell show, Coffman said America is in a "Constitutional crisis" due to Obama's "abuse of waving the so-called magic wand of this prosecutorial discretion."

Obama is "creating new law by not enforcing existing law, without going through Congress, a co-equal branch of government," Coffman said on air. (Listen to Coffman say, on KHOW 11-26-13, that he's considering legal action against Obama.)

"My office is engaged in the legal research right now of how do we take on the Administration," said Coffman on the radio. "It appears right now that we may have to do it, that I may have to do it, or somebody may have to do it, as an individual, outside of Congress, to litigate on one of these issues, the constitutionality. And I think you can litigate on one of them and establish a precedent that impacts all of them."

On the radio, Coffman was unclear about the specific instances of prosecutorial discretion would be the focus of his legal action.

In June, Coffman voted to strip "Dreamers," undocumented immigrants brought to this country illegally by their parents, of work permits and start deporting them, because, Coffman said, Obama over-stepped his authority in allowing immigration officials to defer deportation of them. (Yet, Coffman is also opposed to comprehensive-immigration-reform legislation, passed by Senate Republicans and Democrats, and he has yet to propose a specific plan that he would support.)

On KHOW, Coffman said he believes Obama exceeded his authority in lifting "certain elements of the [Iran] sanctions," in deciding that governors had some discretion under the 1996 Welfare Reform Act, and in implementing Obamacare.

One wonders what else Coffman is thinking of. Relaxing some federal drug enforcement measures relating to Colorado's marijuana statutes? (unlikely since Coffman has signed on to a bill allowing banks to conduct business with dispensaries). Maybe Coffman is also upset about Coffman's approach to DOMA?

Reporters might explore the irony that Coffman is wasting time with a hail-Mary lawsuit trying to stop Obama from getting stuff done via executive orders, which Obama has arguably been forced to use thanks to Coffman and his fellow obstructionist House Republicans.

Partial Transcript of Rep. Mike Coffman's Appearance on KHOW Nov. 26, 2013

Listen to Coffman say, on KHOW 11-26-13, that he's considering legal action against Obama

Coffman: I think this country is in a Constitutional crisis because of this President's ability or abuse of waving the so-called magic wand of this prosecutorial discretion, and basically creating law by not enforcing existing law, creating new law by not enforcing existing law, without going through Congress, a co-equal branch of government.

Connell: …One of my great frustrations with the Republicans DC is that there does not seem to be a concerted effort to push back against these exact Constitutional abuses that you are talking about. Is this something that comes up in the Caucus about if there's any strategy. There has to be some way to tell the President of the United States that he cannot just on a whim choose to enforce or not enforce pieces of legislation that have been created by the Congress.

Coffman: My office is engaged in the legal research right now of how do we take on the Administration It appears right now that we may have to do it, that I may have to do it, or somebody may have to do it, as an individual, outside of Congress, to litigate on one of these issues, the constitutionality. And I think you can litigate on one of them and establish a precedent that impacts all of them.