… from Press TV, Tehran
“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,”
“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
Jim W. Dean says:
” Dear President Tweet, you just were in court. That’s why they call it an Appeals Court. That is supposed to be a very strong clue for the literacy challenged.”
[ Editor’s Note: I did not venture to call this in advance, but I am neither surprised at the 3-0 decision nor that Trump would have taken the position that “I have spoken, you must obey, or I will sic Bannon on your asses”.
I am surprised that Justice Department lawyers would not make a case. What’s up wid dat? If Trump wants to move next to the Supreme Court, a 4-4 would not change the Appeals court verdict. His other option would be to have the full 9th circuit court review.
As Gordon Duff laid out quickly when all this started, the legal justification bar for substantiating a threat valid enough to justify a presidential national security “trump card” is quite high. The Donald did not even make an effort.
“The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States,” the judges wrote. “Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all.”
What some Americans have to do now is to ask the 55% who had no problem with the Trump ban why they don’t give a hoot about Constitutional protections from abuse of Presidential power. Are they so stupid that they don’t know there is quite a vetting process already in place, or did the Archie Bunker clones forget about that?
Or is it that Trump does not care if he wins or not, as he will still claim he was defending America, and now the judicial system has to have the Federalists review their vetting system more closely. Gordon will be revisiting those folks again before this is over… Jim W. Dean ]
– First published … February 07, 2017 –
A San Francisco-based appeals court has rejected a request from the Department of Justice to restore US President Donald Trump’s executive order banning citizens of seven Muslim countries from entering the United States, setting up a potential showdown in the Supreme Court.
The US Court of Appeals for the Ninth Circuit ruled on Thursday that a nationwide restraining order against the president’s travel ban may continue while a federal judge considers a lawsuit over the immigration policy.
“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” the Ninth Circuit Court of Appeals in San Francisco ruled.
Trump had said the Justice Department would succeed in appealing District Court Judge James Robart’s order which lifted his administration’s travel ban last week.
Robart’s decision came after Washington state Attorney General Bob Ferguson filed a lawsuit to invalidate key provisions of Trump’s executive order.
Robart questioned the Trump administration’s use of the September 11, 2001 terror attacks on the US as a justification for the travel ban.
Trump signed an executive order on January 27 that imposed a temporary travel ban on citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen and placed an indefinite ban on Syrian refugees. The move also suspended admission of all refugees for 120 days.
“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,” the three-judge panel hearing the case wrote on Thursday.
“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” they added.
Minutes after the ruling was made public, a visibly angry Trump tweeted his reaction: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
Jim W. Dean Archives 2009-2014