U.S. District Judge James Robart granted a request by Washington’s state attorney-general to stop implementation of Trump’s ban on refugees and travelers from seven Muslim-majority nations.
Trump responded by blasting the ‘So-Called Judge’ Who Lifted Travel Ban.
Some legal experts condemned the attack on Judge Robart. “For a sitting president to direct a petty personal attack at a (federal) judge simply because the judge rules against him in pending litigation is unworthy of the office,” said University of Pennsylvania law professor Tobias B. Wolff. “It is nothing less than an attack on the judiciary and the rule of law.”
Airlines Resume Flying Passengers
The Wall Street Journal reports Airlines Resume Flying Passengers Blocked Under Travel Ban to U.S.
Airlines in Europe and the Middle East responded to the suspension of tightened U.S. immigration rules by again allowing passengers from countries that had been blocked to fly to the U.S., following chaos at airports and protests across the country.
Mr. Trump’s 90-day ban on citizens of Sudan, Libya, Somalia, Syria, Iran, Iraq and Yemen spurred travel havoc as airlines globally were caught by surprise and had to move quickly to block passengers. Airlines also pulled some employees from the affected countries from serving on U.S.-bound flights.
Friday’s ruling applied nationwide to tens of thousands of people holding visas to travel to the U.S.
Homeland Security Stops Enforcing Ban
The Department of Homeland Security had no choice other than Stop Enforcement of the Ban but Trump vowed to fight on.
U.S. District Judge James Robart of Seattle, in his seven-page ruling, wrote late Friday that he granted the restraining order, in part, because the plaintiffs were likely to win on their constitutional claims. Not halting the president’s executive order immediately would cause the plaintiffs “irreparable injury,” the judge wrote.
While the Trump administration seeks to overturn Judge Robart’s order, the Departments of State and Homeland Security had no choice but to begin complying with it. If the administration’s appeal is successful, however, the agencies could be forced to change direction yet again.
A number of companies have been organizing a letter to Mr. Trump to protest the action, and to offer their help in formulating an alternative policy. At a meeting Friday of the president’s business-advisory council, some executives said they aired their concerns about the order.
On Saturday, a State Department official said the agency stopped revoking visas and said people with visas that were “not physically canceled” could travel if the visa was otherwise valid. It wasn’t immediately clear how many of the 60,000 visas revoked earlier are affected under the new policy.
My Take
A 90-day ban while the state department sorts it out is not a “minor” inconvenience.
Roughly 60,000 valid visa-holders were denied due process, suddenly, and without cause.
Ann Coulter attacked Robart because he previously used the phase “black lives matter”. So what?
People bring up smokescreens when they have nothing pertinent to say.
What do past statements have to do with the issue at hand? In this case, nothing.
I applaud the ruling by Robart.
Mike “Mish” Shedlock
What “due process” for foreigners outside of the US? What jurisprudence are you citing that covers that under the Constitution and applies to non-citizens? International Law maybe…
Agree. This was a list of countries too chaotic to vet…a list chosen by the Obama Admin. The travel shutdown was for a limited duration. Visas, even green cards can be revoked.
But I’m OK with the court decision as long as all the people coming in from those countries are required to live within 100 yards of the judge’s home.
“For a sitting president to direct a petty personal attack at a (federal) judge simply because the judge rules against him in pending litigation is unworthy of the office,”
A petty attack, So what? I find Trump’s bluntness a breath of fresh air. He’s not a word smith and he’s not a seasoned politician and the American people knew this when they voted for him. Thank goodness he’s at least making an effort even if he loses in the courts.
The American people did not vote for him. Only 50% voted at all and of those less than a majority voted for him. So that’s about 26%. The other 74% loathe him.
You are an idiot. You can say the same of every election. I loathed the anti-America, racist, lawless, anti-Christian Cop hating obama AND the people who supported and voted for him. Did I riot?
Yes you can say the same for every election.
Which is exactly why Presidents should, if they do anything at all, be limited to to somewhere around the freedom of action Jefferson, with his $7million total including everything budget, had.
Thus properly limited, even a Government with clowns like Obama or Trump in charge, would be hard pressed to cause all that much harm before running out of funding to implement their chosen brand of inevitable idiocy.
As an aside, if more people had rioted, properly as in effectively, throughout the uninterupted horror show that has been the evolution of the Federal Government of the United States from Jefferson until the petty disaster we are stuck with now, things would not have had a chance to get to this level of depravity in the first place. But instead, people chose to partake in the kind of childish partisanship we are seeing today. As in ‘my alpha goon “won” the charade display this time, so now it’s “our” time to be aholes to all of “you” who were aholes to useless, inconsequential, little me after the last charade…’ Go, goon, go!!
“The other 74% loathe him.” That seems too high. How did you calculate that? If I remember my statistics correctly, if a sample set is large enough and is reasonably representative of the total population, the outcome from the sample set can predict (with some error) the outcome from the total population. Are you saying that the sample set of citizens who voted was not large enough or was not representative of the total population of citizens able to vote?
The federal judge is a lifelong Liberal Democrat who was nominated by Sen. Patti Murray.
This is case of corporate power trumping U.S. law. Not a coincidence that this judge is issuing his ruling from a district controlled by the giants of the high tech industry who are dependent on cheap programming labor. This is precisely what Trump ran against, that is, companies running globalization scams to the detriment of U.S. interest, both for security and labor.
Trump has the law on his side here. Both the constitution and Federal Statute give the President the power to say who gets into the country. As he has in the past, Trump will prevail in the end.
Whether you like it or not, the President and Congress control immigration, not the courts. There are few areas of the law that are as settled as this one issue.
In a 1954 case, Galvan v. Press, the court reiterated the President’s power to enforce immigration laws, but appeared to make him subservient to Congress. “That the formulation of these policies is entrusted exclusively to Congress has become about as firmly embedded in the legislative and judicial tissue of our body politic as any aspect of our government,” the court went on to say.
Other cases have repeated that language, either meaning immigration policy is beyond judicial review or that it specifically lies with Congress. One thing is certain: It isn’t a matter for the judiciary. In INS v. Aguirre-Aguirre, a 1999 decision, the Supreme Court chastised the Ninth Circuit for questioning the executive branch’s judgment in deporting Colombian students who were accused of violent political crimes.
What is happening today in the left coast courts is nothing short of corporate governance by a politically compromised judiciary.
Republicans are worried there will be another Bowling Green Massacre. Living in mortal fear of fictional events… a cowardly yet hilarious people, these Republicans.
The two iraqis who came to USA as refugees and were arrested in Bowling Green for supporting terrorism inside Iraq are an example of what kind of people can come thru when you let iraqis come to USA with sloppy vetting like happened during Obama.
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Even Obama got so scared about the flaws in US immigration system that Bowling Green exposed that he freezed iraqi admissions for 6 months.
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Trump should have labeled his 3-4 month PAUSE as a TEMPORARY FREEZE insted of letting media go crazy and call it a BAN, BAN, BAN….hundreds of times.
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I hope this was a learning experience for the Trump team in media management and being strategic in picking the right words.
https://theconservativetreehouse.com/2017/02/04/dhs-and-president-trump-respond-to-activist-portland-ruling-on-visa-restrictions/#more-128147
More on Robarts judicial activism- what is it with people name Roberts?- versus the well reasoned Boston decision
Come on Mish
Mish is WRONG on this one.
A little research shows:
https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident
green card holders are “protected by all laws of the United States, your state of residence and local jurisdictions”
http://www.slate.com/articles/news_and_politics/explainer/2001/09/do_noncitizens_have_constitutional_rights.html
claims that people, not citizens, enjoy the Bill of Rights, as do others.
The argument is that the people writing the amendments knew the word “citizen” and chose not to employ it. They used “people” and “person”.
So, everyone in a place ruled by the US has the protection of the laws of the land, not just green card holders.
Why do you think Gitmo is so popular? It’s owned by Cuba. Protections don’t apply.
The ruling is in complete derogation of the law, which gives the President total discretion in this area. But it’s a good lesson for President Trump in the fact that our judiciary has become a tyranny unfettered by any respect for law….Trump is going to have to go full Andrew Jackson at some point, or our unelected judicial rulers will sabotage everything in sight.
Aren’t they the same 7 Countries Obama bombed during his time as President?
Yes they are.
The last of the thousands of bombing sorties was dispatched on January 19th, meaning Obama was indiscriminately killing right up until his final day in office
US media did such a good job that it seems the public didn’t even get told their country is at open war with several countries.
******* amazing.
Amen. Then we can should him back on the $20 where he rightfully belongs.
I’d like to see the land grant from God to the Indians with His signature on it that backs up their self righteous indignation. The unsettling truth of this world is that the only reason you get to keep your land (America included) is that you’re strong enough to do so.
Why stop with going full Andrew Jackson? He should just go full Adolf! After all he was a great populist leader.
John, Adolf was a leftist. A national socialist. Trump doesn’t even remotely harken back to totalitarian leftists like Stalin, Chairman Mao, and Hitler. Andrew Jackson and Julius Caesar are more fitting comparisons as they appealed to the populares.
Hugo Chavez is the most recent “Leader” Trump seems to draw his inspiration from. Similarly non ideological and, according to his publicity team, “practical.” Which, as Keynes pointed out, is simply short for slave to some defunct economist. Although one of them pretends to be “right wing” and the other “left”, Chavez’ “Socialism of the 21st Century” reads pretty much like an intro to Trumpism; both being more traditionally fascistic than socialistic.
As in, self proclaimed Strong Man making “Tough but Just and Necessary” decisions regarding how “Capitalists” / “Job Creators” / “Leaders of the Community” blah blah (aka self flattering terms for the well connected) ought to behave. And as long as those do as he says, he’ll throw the state behind protecting their ever growing list of privileges, from any challenges by mere peons; keeping their privileged status safe.
Almost pathological focus on what the news media is doing and saying. Borne out of similar levels of unconstrained vanity and natural tendency towards “look at me” self promotion.
A constant program of keeping himself in the spotlight, to show his uncritical fanbase that he is “doing things.” With the main focus not on doing things _for_ them (which of course he’ll never do, as that takes at least some minimal level of competence at something), but rather on doing things nominally “_against_” someone else, who are presented as “the others.” This seems to work as well here and in Venezuela, as it did in Rwanda, when similarly inferiority complex ridden Hutus loved nothing more than some hackneyed carte blanche to attack the Tutsi they felt acted as if they looked down on them.
And so, on and so on….
Not that Obama was any different. Its all the same nonsense, regardless of which “party” nominally “won” the latest childish popularity contest. As long as the dronelike indoctrinati insists on falling for the nonsense that Government can somehow be a force for good, if only “their” football team is in the lead temporarily, an unbroken line of these kinds of clowns is likely all we’ll ever get.
Chavez was a crazy leftist whose idol and hero was Fidel Castro.
Comparing Trump to Chavez is a bad joke and shows that you are unable to form a reasonable argument.
Last I checked Trump despised Fidel Castro while Chavez was Fidel Castro’s biggest fan…
Exactly what part of “It’s all a circus” is it that is so incredibly hard to understand.
Chavez was talking the same talk about protecting “workers” (as if there are somehow others out there, aside from the well connected that neither he nor Trump nor any other progressive clown will ever ruffle.) Same talk about being a practical, common man (he military, Trump “business man), not a politician. Same talk about forcing “the corporations” to do this and do that, but as long as they kowtow to El Presidente’s self promotion schemes, their well connected owners will receive protection from competition, both foreign and domestic. Etc., etc.
There has’t been any real difference between nominally “left” and nominally “right” since at least the 80s. Which is why most “capitalists” (read Soros) are now of the left. The well connected who claim to champion either nominal “side,” all want the same thing: Continued state protection for their privilege. At the expense of everyone else. And they’ll continue to get it, as long as the peons continue to fall for scams like “We have to do this for the workers”, “ruke of law”, “ownership society”, “save the children”, “save the economy”, “protecting my property values”, “Saving the planet”, “managing the economy” blah, blah blah ad nonsensical infinitum.
As long as both Trump’s and Chavez’ proposed “solution” to what supposedly ails the world, is nothing but more government managing, banning, promoting and meddling in the decisions made by once somewhat free individuals, the exact label they use for their meddling, is utterly irrelevant. As the result is inevitably, always and everywhere, nothing but more of the same: Bigger, more powerful and involved government. Meaning, government with greater freedom to act. As in, freedom to further the interest of those in, or well connected to, government. At the expense of everyone else. “Left” and “Right” has exactly zero to do with any of it.
Well said, pyrrhus. Americans who think foreigners have ANY right under the Constitution are completely bat*hit crazy. Not only that, there’s precedent in this nation for closing the borders for decades in order to allow assimilation.
I admit I voted for Trump for several reasons, but one of them was the fact that I saw 8 years ago (TARP awakened me) that this was no longer a nation of laws. Trump is going to have to go full Caesar Julius on this one. I invite anyone to do an objective, unbiased analysis on what Caesar had to do to solve a massive real estate and pension crisis.
My ONLY fear is that when California does secede, he won’t let them go. I hope he does, as they have the natural right to choose their own collective fates. My $.02..
It’s just the hazards of politics in the US.
Don’t get your panties in a wad.
Trump will complain – and then he and his lawyers will figure out another (better) way to do the same thing.
In the meantime all the jihadi wannabes will be making their travel plans to get through the legal loophole before it closes. Only takes one to get through and the blowback against the liberals will be larger than whatever action the jihadi takes.
I think the real problem here is that if it’s proven the next terrorist attack was due to the constant obliteration of our borders, you’re going to see historically massive blowback on the left.
These libruul activist judges making national policy is what’s driving people crazy. Here we have a district judge making policy for the whole country. His pro bono representation of refugee immigrants smacks of bias in a case like this. He shouldn’t have heard the case, successful judge shopping.
He’s probably a real decent guy but the bow tie screams wingnut.
Mike…In a 1952 Statute(will try to find the number and leave it later) the President is entitled to Block by Proclamation ANY Immigration to this country by aliens or group of aliens he deems ‘Detrimental to US Interests’…thanks for reading
Its the ‘Immigration and Nationally Act’ of 1952..sec212-F…its been used by many presidents,Obama as well
“I applaud the ruling by Robart.”
Robart is a district judge and I am not sure he even has jurisdiction in the case.
The ban is inconvenient, unnecessary, harms business and is terrible for innocent people caught unawares. But it appears to be legal. The Constitution is great but not perfect. And most statutes, including the one that’s been cited, are not well thought out but sit on the books until someone like Trump uses them in ‘crazy’ way.
Foolish? Tell that to France and Germany victims of crimes committed by predominately young male refugees (from what I understand thanks too Alex Jones). Rememeber, Colgne Germany 1000+ women attack, and those are the reported ones. Remember Nice, France 80+ dead. Even the US started to see some ‘acts of love’ e.g., Florida night club (his Dad was a radical). San Bernadino workplace because of a Christmas Party.
Islam isn’t just a religion, it also contains policies of governance and edicts on how to deal with those of other faiths (from what I understand). Just look at the opression in those countries, how they treat women, LGBTs, etc.
What is ironic those countries ban Israelis for their RELIGION. Didn’t Trump policies just affect high risk countries like 8 of 40 traditionally Islamic countries (I might be off on the numbers).
We don’t know the details. Maybe the procedures of issuing those visa in those countries were compromised. Maybe they did screw up the roll out, but it wasn’t foolish, it’s common sense.
If Trump screwed up, at least he will be honest about it. For example his position in torture. From what I understand he is changing his mind on it, and you can bet he will do everything he can to change it. Remember previous presidents may have said they were against it and did some dog and pony shows against it, but the torture continued to occur.
Jim you are wrong
Completely different process and circumstances
Europe let in people willy-nilly
In the US there was screening and wait lists etc etc.
If we wanted to deny these people then we should have done it.
Europe was essentially a free-for all – people with forged IDs got in
When did Trump ever have a chance to enhance the screening process to his liking, which is fully legal as stated above? The implementation of this was in fact a boondoggle and some innocents were definitely caught in the middle, but I believe the federal judge using them to block the entire ban based on that will utlimately fail. A higher court will likely grant him that point and rule that part of the ban unconstitutional, but will probably reinstate the remainder of the ban for new visa applications and refugees.
The nation holds total discretion on who comes in. If a prior administration says yes, then the new one says no, too bad.
A process is just a system to filter people out in an orderly fashion. If you find out it was done poorly – do you accept your failure “because it’s the process”? No you ban them anyway. That would be how to achieve the original goal of preventing unwanted entry – then you can say that the process “evolved”. It’s a win.
I wouldn’t advocate for the post-decision rewriting of the rules like this for many other things, but border security is one topic in particular in which the sovereign state should be able to do as they please – everybody else be damned. Let them cry.
Mish – saw this comment elsewhere:
“The order is not unconstitutional, and it is not a “Muslim ban.” Excluding Iran, which is included for noxious reasons, the six countries that were included share an important characteristic: they are all failed states.
The issue is vetting, a process that is effectively made impossible by the absence of a functioning government that can verify information provided by nationals of the respective countries.
The five largest Muslim populations are in Indonesia, Pakistan, India, Bangladesh and Nigeria. In a crazy oversight by the Trump Administration, none of those countries are on the list!”
Tell me how the U.S. vetted people from Syria or Iraq. Did they ask the failed governments to provide details on so-and-so, their criminal/medical/educational background? I don’t think so. These countries have been bombed out and they are barely operational.
How well are you going to be able to vet someone from there? You’re not.
Iraq is currently mostly peaceful by Middle-East standards and has a working government.
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However Iraq also has many Iraqis who joined ISIS in the few areas controlled by ISIS who would like to go somewhere else right about now with ISIS suffering heavy losses and losing ISIS controlled areas to iraqi government forces so the ban on Iraqis is sensible.
There was screening in the U.S.? Bullcrap. Prove it. You don’t know that at all. We screened 50,000 refugees? No freakin’ way. You’re completely inconsistent Mish. You rip on Merkel, but the rip on Trump for doing something. I am shocked at your stance.
“If we wanted to deny these people then we should have done it.”
You want to deny these people, and so are doing it.
If they did not inform themselves of their legal status as migrants before moving to the US that is their problem.
Find who promised them what and why, find who led you and your nation astray, first.
The answers will disgust you.
There is no place for using photos of children to stir emotion, it is propagadistic and misleading. Might as well be taunting the offspring of a US serviceman lost in action.
NO-ONE BELIEVES THAT NATIONS THAT HAVE DESTROYED THEIR OWN ARE SINCERE WHEN THEY OFFER HELP OF ANY KIND.
People with NO ID and people who lied about their names and people who lied everything about themselves got into Europe.
Many asylum seekers coming to Europe lied about their ages (under 18 year olds get asylum even more easier) and majority coming either destroyed or hid their passports.
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Most people coming lied about being “persecuted” like they were instructed to do through facebook by their countrymen who had earlier gotten asylum in european welfare countries based on just a story of lies with NO PROOF needed thanks to EU incompetence and Angela Merkel’s insanity and Swedens total insanity and Swedens total insanity being instituted as EU-wide standard by EU-commission through EASO..
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There were actual terrorists among the asylum seekers coming to Europe who had butchered hundreds in Iraq and there were convicted rapists among the asylum seekers and so far asylum seekers have committed numerous rapes and gang-rapes and murders in Sweden, Germany and Finland.
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The situation in Europe is much, much worse than in the USA and the european governments have been completely INCOMPETENT in handling this issue and many local news medias try to hide the ugly facts with only alternative media, small local medias and press in Great Britain reporting the facts honestly.
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However I still thinks Trump’s decision was a wise one although the implementation was bungled by first saying even greencard holders would be affected and also saying double nationals who for example might have european citizenship in addition to citizenship from the 7 countries would be affected.
Also Trump badly lost the pr war with media calling it a muslim ban despite it only affecting 7 countries when there are over 30 muslim countries and Germany and France and Sweden also having large muslim minorities so it was NOT a muslim ban.
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Previously Obama was granting visas very incompetently and I personally think if one supports sharia law that should lead to automatic rejection of a visa application and I also think the UN-refugee placement system where USA and over 10 other countries pick up “refugees” from UN refugee camps is stupid and should be stopped because the UN refugee camps accept everyone who come as a refugee meaning there are no checks that the persons coming to a refugee camp are actual persecuted refugees and the refugee placement system is like a lottery to get into a welfare paying western country by the people in the refugee camps so the refugees stay in the camps years longer than they have any reason to do so because food is free and the longer one stays in the refugee camp the higher is the chance that they win the lottery and are picked as one of the refugees to be given a free life on welfare and free apartment in a western welfare paying country through the over 10 countries that are each picking yearly some number of people from UN refugee camps to be given a free life with free money in a welfare paying country through the UN refugee resettlement system.
My objection pertains primarily to the greencard issue. – A terrible mistake IMO.
Secondarily, Trump made statements about religion he should not have made. This I believe opens him up to legal challenges, even if what he said makes sense.
The greencard issue was incredibly stupid thing to do and the actual order does NOT mention greencard holders and the interpretation that it would stop greencard holders from coming was an INTERPRETATION made at the Department of Homeland Security but the Trump team immediately fixed this after realizing the mistake of DHS by demanding that ALL greencard holders should be given a waiver through the waiver process in the order.
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So the biggest blunder was fixed quickly but the bad press had already been guaranteed and media kept digging up greencard holders whose entry could have been denied based on them being citizens of the 7 countries and media did not tell that all the greencard holders would be waived through.
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The Greencard issue was a BLUNDER by Trump team and DHS.
There needs to be more communication and Trump needs to slow down a little to make sure that DHS is not clueless and knows what the policy by president Trump is and there must be more communication before keeping public signing of executive order photo-ops.
Trump advisor Stephen Miller’s interview on the subject:
Also many people came to Europe with FORGED syrian passports since Sweden and Germany stupidly and incompetently GUARANTEED 100% acceptance and immediate permanent residence to all syrians as a political decisions by Swedish PM Lofven and German chancellor Merkel which was what attracted and lured syrians who were already COMPLETELY SAFE in Turkey to come to Europe and try to reach Sweden and Germany to get 100% GUARANTEED permanent residence and free welfare money for life and free apartment for life and family re-unification straight to welfare that come with the residence permit.
Syrians did NOT even have to tell a story about persecution to incompetent government bureaucrats, just syrian passport was enough…
Stand your ground, Jim. You’re right, Mish is wrong.
We’ve let in millions unscreened. They’re called Mexicans, and Central Americans and South Americans. Lots of others, too.
And the Muslims coming from war torn countries are not being vetted.
Trump is trying to protect Americans and go after low hanging fruit.
btw, Jim, you said “Islam isn’t *just* a religion”.
Let me fix that for you, “Islam isn’t a religion”
As in “Islam isn’t a religion, it’s a criminal enterprise.”
By the way, Europe has taken a million Muslims. The US? Thousands.
Go research how many the Arab nations have taken. Nearly zero. Because they are too dangerous.
In the meantime, Europe and America don’t take in endangered Middle East Christians.
“The U.S. accepted 12,587 Syrian refugees in fiscal year 2016, and the overwhelming majority of them were Sunni Muslims, according to data from the Refugee Processing Center. (Sunnis tend to support the rebels and oppose President Bashar al-Assad in the Syrian civil war.) Just 64 Syrian refugees admitted to the U.S., or about 0.5 percent, were Christians in fiscal year 2016. So far this fiscal year, about 1.8 percent of the Syrian refugees accepted into the U.S. were Christians.
According to the Pew Research Center, roughly 5.2 percent of the population of Syria is Christian; the CIA World Factbook puts the percentage at 10 percent.”
12,587 Sunnis to 64 Christians.
DHS needs to hit them when they land for full vetting. Obama handed out VISA’s like candy especially in the Middle East and Africa. Having a VISA handed out by a traitorous president should demand vetting.
Mish what are you and others going to say when 3-6 months from now a major terrorist attack takes place in our country by some of these very people from one of these countries Trump has deemed so dangerous that more time is needed to develop a vetting process that is safer than the one we currently have in place?
Boo! Now go run and hide in a corner.
Joe – care to take some in, Joe?
And when it happens, be prepared for a Roosevelt-style “relocation” to YOUR neck of the woods. Don’t think it can happen? Think again. It’s happened in our nation twice, not including the British internment of innocent Colonists like Andrew Jackson and his mother.
But this time, the left has noone but themselves to blame.
Trump being a complete idiot yet again.
This Presidency is already turning into a complete disaster with any sort of tax cuts, spending cuts etc being pushed back in favour of an authoritarian regime that ignores facts, the constitution or governmental departments.
The worst thing is, normally, a President would’ve stopped this policy in its tracks because it is an undeniable disaster but he still presses on with it because he clearly has an ego problem and an unbelievable lack of common sense or intelligence.
You were crazy to vote for him Mish.
The only thing Ben that is a “complete disaster” are the Liberal Lefties and the Main Stream Media
(In their total meltdown 😭)
Who are making it look like a disaster
In actuality President Trump has great focus and intelligence as he very fiercely is turning this ship around heading into ruff waters and against the current
But make no mistake and never underestimate President Trump he knows exactly what to do to get America back on its feet
It’s only the simple minded that educate themselves by CNN ✌
I never watch any cable news, it’s all toxic.
He simply doesn’t though, Trump has personally said he doesn’t even read and just watches TV, I can’t see anything where he’s actually demonstrated this intelligence as 99% of the things he’s ever written on his own are under 140 characters (and no, he didn’t even write his own book).
If he was so stupid, then how did he manage to convince so many millions to vote for him? This is a guy with no experience after all.
You can’t take this guy literally. When he says crazy stuff, watch everybody’s reactions, then see what happens and connect the dots.
This ban may have been rash, but in a short week it has exposed every law enforcer in the country who will refuse to perform their job. Now they can be replaced. See how intelligent that was?
When you become aware of how he manipulates his enemies you start to realize he’s a lot smarter than he’s given credit for.
Ben – some of the biggest idiots I’ve met are people with degrees. Their heads have been in the books too long; they’ve lost their “common sense”.
LOL – you are talking about Chief Crazy Horse ?
He is the Messiah. He can do no wrong! He will rule forever!
The seven effected countries have virtually no functioning governments, are largely controlled by ISIS or some other terrorist organization, and have essentially no control of who is travelling to or from their countries. On top of that, ISIS has publically proclaimed that they are infiltrating the refugee population, and we’ve seen numerous refugee related issues in European countries. Please tell us what is “foolish”, “irresponsible”, or “illegal” (or even “crazy”, wootendw), about temporarily stopping travel from these places until we can figure out who the hell is coming? Those who can be vetted satisfactorily are quickly allowed in. What’s the problem?
Yep, you’re wrong on this one Mish.. Not only should these people be kept out of the USA (and other countries should follow) but resident Muslims who have criminal records for serious crimes of violence, drugs, should be deported where ever possible.
Time the world got real about the on-going threat, Trump is trying to undo years of socialist mis-rule that was destroying us.
Supreme Court will set it straight. 9th Circuit has a reputation of legislating from the bench. Our should I say, “Politicizing” from the bench.
And where was Robart when Clinton, Bush and Obama restricted immigration from terrorist sponsoring nations?
Not much in the Constitution about immigration. This likely will be settled in Case Law. There, SCOTUS has generally leaned toward the interests of National Security.
Almost sounds as if Robart is referring to the Commerce Clause, but we’ll see. Certainly, the First Amendment isn’t being breached here. There is nothing in the EO than refers to religion. That “Majority Muslim Nation” meme is used mostly to sensationalize the issue, and to imply Trump has racist motives. CNN got that started, and many ignorant people have been misled by than inference. But then, the race card is frequently played by a leftist who fears losing an argument, isn’t it?
National Security is key here. And on that note, the Commander in Chief has a lot of say.
Mish it’s not illegal. The EO will stand.
It appears that the president has an absolute right to the exclusion order. Due process under the constitution does not apply to aliens. There are federal laws expressly authorizing these actions by the president, one of which was used by Carter when he expelled thousands of Iranians by executive order.
As for the benefits of the order, I would rely on the president to possess far more information than we do as to the threat posed by these persons, and even Obama took tentative steps in this same direction respecting these seven countries; remembering that he blocked visas for 6 months for persons from Iraq.
Forum shopping is an ugly process. One can find a Federal judge who would support banning moonlight with a temporary order. I suspect this will be promptly reversed.
It not a ban; it’s a hold. We should be very careful issuing visa’s in countries with out functioning governments. If the judge’s ruling actually stood, we have complete chaos. What is really silly, is the Boston judge came to separate conclusion.
Two separate issues were involved. The issue before the Boston court was a question of religion. In the Seattle case it’s one of commerce.
IMHO, in both cases, the motive was obfuscation. The Executive Order itself is a carefully written document, probably by well versed Lawyers. If I was to wager on it’s outcome, I would go with it’s being upheld by SCOTUS. Barring, of course, a major terror attack possibly taking place in the US, carried out by an immigrant from one of the nations referred to in the EO.
In that unfortunate event, public pressure would likely put to bed any legal opposition of said order.
I agree with your assessment around it being two separate issues, which makes the ruling even crazy. According to the Judge, our safety is of less concern than Microsoft’s and Amazon’s bottom line.
https://theconservativetreehouse.com/2017/02/04/dhs-and-president-trump-respond-to-activist-portland-ruling-on-visa-restrictions/
It is foolish and irresponsible to let unvetted aliens (even with Visas) into the country.
The Boston Judge also issued an order that upheld the EO and was full of legal reasoning, unlike the PC catch-phrases out of Portland.
Kangaroo courtrooms are a bad idea – there is already no “rule of law” here, and everything seems ad-hoc based on fashion. Bad decisions that are popular is how we got here. Most people loved Dodd-Frank and the CFPB. They love the EPA and NHSTA. And the SEC, Dept of Labor (Unions) and the Fed.
Please explain to me how a district court judge can rule such as he did, from the State of Washington, on the matter of order from the executive branch of the government. The safety and security of our nation is a stake and we get this crap from a district judge? Something is appearing to be woefully wrong.
http://lawnewz.com/high-profile/on-trial-why-trumps-immigration-ban-will-win-over-seattle-judges-nationwide-stay/
Why Trump will win
Amateur Hour continue ( I lost count of how many ).
As Peggy wrote in WSJ “…The handling of the order further legitimized the desire of many congressional Republicans to distance themselves from the president, something they feel they’ll eventually have to do anyway because they know how to evaluate political horse flesh, and when they look at him they see Chief Crazy Horse.”
Chief Crazy Horse LOL
Also Mish I totally disagree with you about Ann Coulter’s remark about Judge Robart’s remark that “black lives matter”tells me this Judge and others who have used this phrase have law enforcement officers blood on there hands. What the hell is wrong with you Mish? Go to Dallas r Chicago or anywhere in the country and ask the police what this remark has done to incite hatred and violence and dead police officers!!!!!!!!!!!!!!
By your logic Trump has blood on his hands for the Quebec murders. Criticizing a group does not mean that you condone any actions taken against them. The amount of hyperbole in this country is driving me crazy.
Constitutional Law is not your strong suit Mish. Stick to Economics. Trump will prevail.
http://www.conservativezone.com/articles/was-obama-the-architect-behind-trumps-travel-ban/
Why is it different now…?
In closing here, I find it strange, that any logical person who has read the text of the entire Executive Order, could still find fault with it’s clearly defined intent.
Fake News, or facts,,,,,,,you decide upon which you base your conclusions.
https://www.whitehouse.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states
Mish, after the 9/11 event the country has been operating under emergency powers act. Why is this point not brought up?
The relevant executive order was vetted through the DOJ and approved as legal. Considering the no-personal-cost rebellion of the Obama-appointed AG who was going to be replaced anyway, one really has to wonder how much intentional sabotage of Trump is taking place within the DOJ by socialist ideologues working there who have not yet been PURGED.
Seattle is ground zero for liberal socialist Marxists. Just as bad, if not worse, than San Francisco. So it’s no big surprise that this District court judge in Seattle’s liberal fantasy-land thinks his rulings can apply coast to coast.
So Obama told us that we have to let indigent illiterates illegally cross our southern borders at will and then pay for all their social services soup to nuts. Now we can’t block potential terrorists coming in by air or boat from Muslim majority nations?
I had the impression that America was designed to to a sovereign and independent nation. Silly me. Apparently I was repeatedly lied to during my formal education.
The judge in question was appointed by G W Bush in 2004. I’m not sure of the finer points of his objection to this ban, but he was on the bench in 2011 and apparently had no problem with Obama’s 6 month ban of immigration from Iraq.
Makes sense. The Bush family hates Trump.
Maybe we should launch drone attacks on both Seattle and San Francisco?
LFOldtimer — “Someone” deleted the entire comment chain about politics and overpaid NFL players…. no points for guessing who
Hi Mish,
I like your independant thinking and articles.
However, as an foreigner dealing with US immigration system for 5 years, I think the EO is unlikely illegal.
There are 2 main processes here, to get a Visa at US Embassy under State Department, and to enter US at any port controlled by CBP (under DHS). Both US Embassy and CBP has ABSOLUTE right to reject me on whatever grounds. And they do not have to tell me why. I can retry but very limited way to repeal because I am NOT US citizen and NOT in US territory so US constitution does not apply to me.
In another word, I do not have same rights as in US citizen.
That’s what my corporate attorney told me clearly from beginning and I have experienced the same. For example, once a CBP officer warned me at the port of entry he can void my VALID Visa straightaway if my answer is not satisfactory or suspicious, and I will be sent back.
So the so called Visa is NOT a guarantee or commitment from US government you can entry US.
It is not the same “Visa” as we understand for all other countries.
The story is different if I am IN US already, for example when i like to extent my I94 card (which is issued by CPB at any port of entry based on valid visa) I have my corporate attorney to negotiate on my behalf or go to court, and I can even call my district representative or senator to help me with case.
But not outside US.
So one strange phenomenon is all illegal immigrants in US have more ways for fight their case than legal immigrants.
BTW, I am not from any countries banned and very friendly country to US.
Best Regards,
A.Z.
Trump should instruct border patrol to INDIVIDUALLY VOID every visa of the people from the 7 countries and send them back from US airports.
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I think the issue the judge latched onto was the mass-voiding of visas based on nationality so they should be instead voided individually at the airport with the reason that there are not enough background info given during the visa application and after questioning the arriving visitor was found to be suspicious.
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Trump should have told all consulates that further granting of visas to people from 7 countries must be stopped immediately.
Trump could put every visa applicant into a lie detector test if he wanted and ask them do they believe in Sharia law and deny visas for everyone believing in Sharia.
Same with questions like “do you think terrorism in acceptable in some situations” and NO visa for anyone saying yes or saying no and failing the lie detector.
A.Z., You are correct. I have first hand knowledge AND first hand experience of exactly what you are talking about. I was outraged at the time but had absolutely no legal recourse. I learned that non-citizens have no right to enter the U.S., valid visa notwithstanding. No rational reason or explanation is required. And this was BEFORE the 9-11 terror attack.
Stability Is Good for Business. Trump’s Whims Threaten It
One weekend came close to undoing the firm legal foundation on which U.S. business has thrived.
by Matt Levine
February 2, 2017, 2:00 AM PST
https://www.bloomberg.com/news/articles/2017-02-02/stability-is-good-for-business-trump-s-whims-threaten-it
“Stability Is Good for Business”
Not if (temporary) stability is allowed by bad policy based upon a fundamentally GARBAGE economic theory.
Fine by me. The next time those “businesses” in NYC are attacked due to their own short-sightedness, let’s not unite as a nation in sorrow. After all, they are victims of their own stupidity and we shouldn’t be rewarding dumb*sses, right?
Trump’s ban is lawful and considering the situation in those countries it is wise policy.
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However Trump BADLY blundered by originally stopping greencard holders from coming to USA from those 7 countries (however there was a waiver system in the order and greencard holders are now being waived and can come to USA even before that judges order).
Another blunder was the claim that entrance would be denied also from those citizens of the seven countries who have other citizenship like many hundreds of thousands of iraqis, afganistanis, somalis etc. that have european citizenships.
Now it appears one can come with their other citizenship.
.
Originally Obama already limited entrance to USA so that those european citizens who have visited Somalia and other terror hotspots can NOT get ESTA to come and this was done without any outrage.
Those mostly visiting somalia and other terror hotspots are people who moved to europe through the lax and incompetent asylum policies and are now enjoying free apartments and free welfare money and taking regular holidays and vacations paid by european welfare money in those countries they supposedly “had to flee in danger”.
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When it comes to the judge it is clear that he is an activist judge with his “black lives matter” statements in the courtroom
“Another blunder was the claim that entrance would be denied also from those citizens of the seven countries who have other citizenship like many hundreds of thousands of iraqis, afganistanis, somalis etc. that have european citizenships.
Now it appears one can come with their other citizenship.”
This one actually concerns me — do we know how well (or not) these dual citizenship holders were scrutinized by the second country? Or did they just pour onto a French or Italian or Greek beach and eventually were issued a passport so they could make their way to the UK or Sweden (or something similar)?
I would like ALL of our immigration / legal residency processes reviewed and tightened.
And, on another topic but just because I’ve got the window open 🙂 the greater mass of the affected people are called refugees, but I’ve read that most of them are transiting from [true] refugee camps in Jordan and/or Turkey. Why are we supposed to be morally compelled to take them in if in fact, their lives are not endangered?
Immigration authorities and asylum bureaucrats are COMPLETELY INCOMPETENT in several european countries.
I know cases where actual terrorists who have murdered people in Iraq have come through the asylum system to claim asylum in Sweden and Finland.
The actual government authorities who should be inspecting that they are not terrorists or dangerous are completely incompetent and the government states that THEY CAN NOT EVEN INSPECT THE PHONES OR SOCIAL MEDIA of the asylum seekers so there have been terrorists caught by citizen activists that have searched through facebook and internet and found out that among the asylum seekers coming to Finland there have been iraqis who took part in massacres and shot hundreds of people on the head who were lying on the ground in Iraq.
These have come as “asylum seekers” into Finland and the immigration authorities did not catch them but the citizen activists were able to match the pictures on the asylum seekers facebook on to videos of the massacre in Iraq and only then did the INCOMPETENT government and INCOMPETENT police start prosecuting them.
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Since governments in Europe are INCOMPETENT I am 100% sure that there are many thousands of terrorists and murderers and rapists among the asylum seekers and since the asylum process has very high acceptance rates thanks to insane EU-commission directives and lax and loose EASO asylum processing modules and training to the bureaucrats has been made EU-wide standard by EU-commission (EASO standards and training are originally from Sweden) this means that MOST of these terrorists and dangerous people will either get asylum OR stay even while not getting asylum and try to marry a local old woman or naive young woman to get citizenship this means that in a few years these terrorists and dangerous people will have citizenships from an european country and will be free to get ESTA online and travel to USA as “european” with no checks in place..
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ALL western european countries apart from Denmark give citizenships to people who have been on welfare the whole time in the country so once getting residence asylum seekers do not even have to work and in a few years they get citizenship.
Local language classes are voluntary and learning the language is NOT even required if the asylum getting welfareseeker tells that they have a learning disability.
One government immigration bureaucracy leader stated that 80-90% of somalis coming can not read or write when coming so these people are staying on welfare for over 10 years after coming in most cases and most do not learn the local language.
The media says that this is much needed workforce which finnish economy can NOT survive without.
Denmark has the only sensible policy in EU in that they DEMAND 4,5 years of working during the previous 5 years to get denmarks citizenship.
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There is a horrible rape and gang-rape epidemic by asylum seekers going on in Sweden and in Finland there have also been Gang-rapes for example three iraqi asylum seekers and one syrian asylum seeker GANG-RAPED a young girl in Helsinki train station near the finnish parliament and still politicians are completely INCOMPETENT and say they can not do anything and the authorities continue to let the asylum seekers stalk women and girls in Helsinki parks and shopping malls and there have been lots of rapes of women and girls in Helsinki and other cities and some of them in the parks.
Finnish government gives asylum seekers hundreds of euros each month in addition to free accommodation and free catered food while they await their asylum application to be processed so they can get drunk and some are earning money as drug dealers also and government and finnish police are INCOMPETENT.
.
The asylum decision is decided by story of the asylum seeker with NO PROOF and NO EVIDENCE required and successful asylum seekers post stories that got them the asylum into facebook groups of iraqis and other asylum seekers so asylum seekers just memorize successful stories and change a few things in the story to make them appear genuine and the INCOMPETENT bureaucrats give them asylums just checking the boxes in EASO modules.
The phone and social media of asylum seekers is NOT checked.
.
In the beginning finnish media SILENCED all reports of asylum seekers crimes and finnish police was instructed by finnish political elite to not to report crimes by asylum seekers with the claim that telling about the rapes and gang-rapes would increase racism but then through facebook and alternative media the news spread anyway so the media was forced to report about the rapes and gangrapes at least in small news articles (no frontpages in order not to cause racism).
Gang-rape of a young finnish girl in main Helsinki train station by three iraqi asylum seekers and one syrian asylum seeker was just a small news item tucked in a small box inside a newspaper and some newspapers did NOT report it at all including the biggest newspaper in Helsinki called Helsingin Sanomat which has a total blackout in asylum seekers crimes unless other medias report them prominently.
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If I was Trump I would tell Europe that the ESTA system will be cancelled within 2 years (before the masses of 2015 arrivals start getting citizenships) unless european countries STOP giving citizenships to people continually on welfare and start demanding 4,5 years work in the previous 5 years before getting citizenship like Denmark does.
Europe must also make the asylum process MUCH STRICTER and stop giving asylums based on just a story and start demanding PROOF and EVIDENCE of persecution.
Europe needs to start inspecting ALL phones and computers and social media by the asylum seekers.
The incompetent bureaucrats are currently not checking social media where iraqis were planning coming to Europe in Iraq after they heard about free apartments and free welfare money (and finnish prime minister proved himself to be a incompetent idiot by promising his mansion to asylum seekers in the craziness of autumn 2015 where Merkel was luring people to come and some politicians wanted to copy Merkel) and 95% of iraqis, afganistanis and somalis had a peaceful life in their homeland but decided to come with their mobile phones after learning about welfare europe and high acceptance rates and some have documented their whole journey to Finland through Turkey-Greece-Macedonia-Serbia-Croatia-Slovenia-Austria-Germany-Denmark-Sweden to Finland so it is beyond obvious they were not fleeing danger but asylum shopping for the best country and since Germany and Sweden (the two most stupidest and incompetent countries when it comes to asylum policy) were already full they decided to come to Finland.
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Finland and several other EU countries are currently also FUNDING ISIS through their welfare payments because many muslims that have come in previous years to Finland and some 2nd generation muslims have left Finland and went to fight for ISIS in Syria but the finnish government told few months ago that they are still getting their welfare payments into their accounts despite finnish police knowing they left to fight for ISIS.
This means FINLAND as a country is FUNDING ISIS through their welfare payments thanks to TOTAL GOVERNMENT INCOMPETENCE.
Apparently also Sweden and Germany are funding ISIS through welfare payments and finnish government claims they can not cut the welfare payments in order to not violate the rights of muslims who left to fight for ISIS.
Probably yazidis, christians and alawite-muslims are being slaughtered by guns bought with western european welfare payments.
.
Europe is totally INSANE and the governments in most european countries are INCOMPETENT.
Italy is pushing people to welfare paying europe by granting residency permits even more loosely and incompetently than Sweden and Germany.
The plan by italy appers to be that since french border police is now stopping un-registered asylum seekers and telling them to stay in Italy the government of Italy found a workaround in granting almost all registered asylum seekers a residence permit.
Thanks to EU residence permits contain right to move freely inside Europe and since Italy does not give welfare Italy’s government must calculate that once asylum seekers are granted a residence permit by Italy they will use their right of free movement and move to a welfare paying country inside EU.
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The citizenship wait in most european countries is 4-5 years after getting a residence permit so after 4-5 years on welfare an asylum seeker can get a citizenship and european passport.
There is no requirement to work and Sweden and Finland and Norway and Germany and Netherlands and Belgium and France and Austria give citizenships to welfare bums who have NOT worked a day after arriving in europe as asylum seekers.
Denmark demands 4,5 years of work during the last 5 years before they grant citizenship.
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Europe also gives european citizenships to muslims who force their women to wear full face veils, to muslims who demand sharia law, to muslims who hate the societies they are living in and who think local europeans are filthy infidels.
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Europe is totally broken and political correctness has turned europe into insanity…
I can hardly believe it, but Trump’s going to win this one on appeal.
Just incredible.
Federal Immigration Code 1182 Sec. (f) :
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
https://www.law.cornell.edu/uscode/text/8/1182
“I can hardly believe it, but Trump’s going to win this one on appeal.”
Read the lawyer’s judgement on this I posted below. Not hard to believe at all if he’s correct. And, as I asked elsewhere here, where was this then seated judge when Obama banned immigration from Iraq for 120 days (Trump’s is 90 days) in 2011?
Judges can’t just act unilaterally. Someone has to file suit against the government.
At the end of the day, for Democrats it’s about. . .VOTES. They don’t give a tinker’s damn how many rapists, murderers, drug dealers, pedophiles, or other ‘deplorables’ get into our country so long as every damned one of them votes for more government, more spending, more services, and, of course. . .MORE DEMOCRATS.
The disorder we see today was fomented, encouraged, and enabled by Emperor Barack Hussein Obama. Once a community organizer (read ‘community anarchist’), always a community anarchist. He hates this country and has no clue what we were about.
And it makes sense that he doesn’t: He never spent any extended time on the American mainland until he went off to school @ Occidental College in 1979 right after his 18th birthday. So, while he is undeniably AN American–c’mon, Birther Idiots, his Mom was an American citizen, so, by law, he is too!–he is not OF America. Why else would he go into a cafe in rural Iowa and order arugula salad? Why else would he refer to Navy medics as, and I quote, “corpse-men”? Why else would have tried to spring every terrorist out of Gitmo and every drug dealer out of American prisons? He thinks DRUG-DEALING is a non-violent crime? Hell’s bells, doesn’t he ever read the newspapers in his old hometown, Shoot-‘Em-Up Chicago?
What a pathetic excuse for a President.
Don’t misunderstand: I’m proud of my country for electing one of our black citizens as our POTUS. No other country on the face of the earth could or would do something like that. My extreme regret, however, is that he lied his way to a second term (“If you like your doctor, you can keep your doctor, etc.”), whereupon he turned in to a one-man, “I have a pen, and I have a phone” wrecking ball assault on our way of life.
The good news is that, if–and this is a YUGE IF–the GOP can kick its decades-long habit of forming circular firing squads, the Emperor will be an asterisk in an obscure footnote in the history books. . .and a pimple on the ass of American progress. Good riddance to a truly dreadful American.
February 4, 2017
‘Muslim ban’ injunction is a judicial coup against President Trump
By Ed Straker
Federal district judge James Robart of Seattle ordered a complete, nationwide temporary restraining order against President Trump’s temporary ban on visitors from seven Middle Eastern countries. If you read the ruling, as I have, you can see that this is clearly unconstitutional on its face, and constitutes a judicial coup against President Trump and the executive branch.
[7 lengthy points removed]
Judge Robart, who was appointed by George W. Bush (should we be surprised or not?), has clearly usurped his authority. The case clearly has no plaintiffs with standing or any kind of validity. At most, Judge Robart should have stayed his decision pending appeal to circuit courts. His radical injunction smacks of a judicial coup, of a single federal district judge asserting his authority over the entire executive branch. His arguments for doing so are unconstitutional, as is his manner of issuing the order. We are living in a time when judicial ayatollahs are usurping the power of our elected officials, and it is very much like a judicial coup.
Ed Straker is the senior writer at NewsMachete.com, is an attorney by training, and was in the same law school at the same time as Supreme Court nominee Neil Gorsuch…but never knew him (very big class sizes).
Google the title of the article if you want to read it. It also has a link to the judge’s ruling.
Mish,
I agree with you on many things but on this one you are clearly wrong. Immigration law grants the president these powers.
Correct. If anyone wants to read the entire article excerpted below, Google it:
The Past Six Presidents Have All Used The Executive Power To Block Certain Classes Of Immigrants
ALEX PFEIFFER
06/16/2016
Section 212(f) of the Immigration and Nationality Act of 1952 states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
President Barack Obama has used the authority this statute provides six times in his tenure. [specifics then given]
Former President George W.Bush used this authority six times as well during his tenure, typically on government officials. [specifics then given]
The authority of the president to bar certain classes of aliens was used six times by former President Bill Clinton. [specifics then given]
Former President George H.W Bush only used this executive authority once in his four years of office. [specifics then given]
Former President Ronald Reagan used this executive authority five times while in office. [specifics then given]
Former President Jimmy Carter used this executive power only once and in a way quite similar to what Trump has proposed. [specifics then given]
Law Professor Jan Ting of Temple University told The Daily Caller that “absolutely and without any doubt” does existing law allow Trump to restrict immigration of certain nationalities or religious groups.
“I applaud the ruling by Robart.” —Mish.
Me too. And his ruling actually goes beyond the narrow view of “due process”…to the core:
Robert “…appeared to agree with the state’s claim that Trump’s executive order cannot be carried out in a constitutional manner.”
“…finding that the ENTIRE ORDER is likely UNCONSTITUTIONAL, presumably because it is IRRATIONAL and motivated by unlawful anti-Muslim animus.”
“…he…asked Justice Department attorney Michelle Bennett how the order was RATIONALLY related to its stated GOALS.
How many citizens of the seven Muslim-majority countries targeted by the ban, he asked Bennett, had been arrested on domestic terrorism charges SINCE 9/11?
She said she didn’t know—but he did.
The answer, he said, was ZERO.”
Selected quotes from “Why Judge Robart Blocked the Muslim Ban”
http://www.slate.com/articles/news_and_politics/jurisprudence/2017/02/why_judge_robart_blocked_trump_s_muslim_ban.html
Trump should start listening to some of those so-called “very smart people” he claims to have around him.
Robart cannot use anti-Muslim animus as pretext, he would have to prove that the disruption to certain Muslim nations was purposefully designed to signal a possible change of attitude towards all other Muslim nations, which he cannot. He actually sets his own trap by raising the religious question and shows that his bias is towards religious equality in questions that are presented as ones of national security.
On the other hand the question of rationality stands better ground, ignoring guessing at any ulterior motive. However the president of the USA is entitled for whatever reason to enact security measures related to aliens. He may be asked to justify his choice, and in this case he will likely say that according to his briefs, existing and previous vetting procedure was understood to be so lacking that immediate measure was deemed necessary out of an abundance of prudence.
So?
“…finding that the ENTIRE ORDER is likely UNCONSTITUTIONAL, presumably because it is IRRATIONAL and motivated by unlawful anti-Muslim animus.”
The word religion does not even appear in the order. The judge is being irrational. If there was anti Muslim animus, the order would have applied to all Muslims and all Muslim majority countries.
There is nothing unconstitutional about protecting the American people from foreign terrorists.
I’m actually surprised the DHS in abiding by the judges ruling, I expected the order to come down from orange man to ignore the judge and obey him.
Didn’t read thru all the comments … so don’t know if any of my sentiments are echoed by others … they probably aren’t. So. Reality check. The US doesn’t have a legal system anymore and hasn’t for many years. What they have is an INCARCERATION SYSTEM. Judges are nothing but politicians but with guns. Their job is to arrest men, hopefully WHITE MEN, and put them in prison. Forever. Labeling them felons so they can’t vote. Labeling them sex offenders so they can never get a job, find a place to live, or live a normal live. Should they ever get out. Judges are RICO criminals … part of the judicial mafia fueling the left. It really is that simple. When you hear a ruling by a judge … IGNORE IT .. its just more lies and brainwashing by the left. But, unfortunately far more dangerous because it comes at the force of a gun.
You’re welcome for the awareness tip. If you didn’t know that every judge in America is worse than any member of the worst Mexican drug cartel … you are welcome for the wake up call. So now that you know. Please act accordingly.
When Trump is done, his voters will admit they made a mistake voting for him. I hope he learns from his mistakes.
You have got to be kidding me. They are more convinced than ever that they made the right decision. In fact they are demanding even more drastic action and will not be satisfied until he rules by decree subject to no one. He is the Messiah!
This whole show with the ‘so called judge’ is just a precursor to a 9/11 type event. Trump will boast ‘I told you so’, etcetera but ultimately it will only be a zionist created event. I anticipate it will be staged in SF or LA as they are sanctuary cities that are suing the feds.
Mish is so enamored with the free movement of peoples (part of his free trade advocacy) that he is either willfully ignorant or outright lying about Federal Law (and the Constitution re: powers of the Executive Branch).
http://www.zerohedge.com/sites/default/files/images/user3303/imageroot/2017/01/23/20170130_AG1.jpg
“enamored with the free movement of peoples” Free movement was fine when we needed masses of unskilled labor to fill our wide open spaces, masses who entered a country with ZERO welfare state benefits – you worked hard and assimilated into the culture or you starved. Period. Not so now. Uncontrolled immigration into welfare states is national suicide.
Winston you must be joking – these days there is no uncontrolled immigration. Control by the State is complete and is intrusive. Maybe you do not travel.
First of all, I’m referring only to the US. For some reason you confuse LEGAL immigration rules enforced upon LEGAL immigrants and visitors with rampant ILLEGAL immigration for which there are effectively no enforced rules.
“Uncontrolled immigration” is EFFECTIVELY the result when illegal immigration in larger numbers than LEGAL immigration is not only tolerated, but DEFENDED while the border routes of illegal immigration AREN’T adequately defended.
Agreed – Mexicans might come illegally and rampantly but how do Middle Easterners and Asians – unless by submarine, though I must admit your Nth and Sth borders might be porous but there is a solution to that. Maybe the USA admin should stop funding ISIS and ‘friendly’ terrorists, especially those with the drug connections favoured by the Intel. community.
When I visited the USA I was eye scanned, probably x-rayed and checked in and out and was not allowed to enter without a valid out ticket and a place of residence within and without the USA.
You guys are paranoid – just as well Canadians are more friendly to USA citizens.
These days the judges don’t follow the law. They interpret the law so that it coincides with their personal agenda.
We’ve jumped the shark as a society.
Yes, which is truly unfortunate, as that will eventually leave only the last of the four boxes.
Soap -> Ballot -> Jury -> … Ammo
The problem in the USA and elsewhere is that the political elite and their paymasters have set out to deconstruct the Law and make it irrelevant. We need laws to control the elite, this is what democracy is and what is intended by the USA constitution which was a major step forward for human rights. If that judge Roibart’s ruling was unconstitutional it should be reversed via the legal system that protects us all from dictators. Yes it might take longer but everyone needs protection from thought bubbles and decrees and MSM emotional clap-trap that might lead to slavery. Be patient and make a case to change any law, or regret at your leisure, and get a copy of the Magna Carta where it all started – to curb the rights of the elite.
It was the English nobles who made King John sign the Magna Carta – they were the elite! The Founding Fathers of the US were also the elite! These documents were not made to constrain the elite – they were made to restrain the power of the despots who rule.
The obstacles to essential, radical change are many when vast armies of mostly useless bureaucrats can’t be purged overnight. The swamp is FAR too deep to drain quickly if AT ALL significantly. Hundreds of thousands of self-serving little saboteurs are there to mine the prez’s road when they can get away with it or planning to bail anyway like an Obama appointed AG who was likely going to be replaced anyway virtue signalling by refusing to prosecute the executive order of HER BOSS the prez, an order that was approved as legal BY HER DEPARTMENT. Obstructionist scum.
Emphasis mine:
Government workers shun Trump, give big money to Clinton
BY JONATHAN SWAN – 10/26/16
Employees at all the agencies analyzed, without exception, are sending their campaign contributions overwhelmingly to Clinton over her Republican counterpart. Several agencies, such as the State Department, which Clinton once led, saw more than 99 percent of contributions going to Clinton.
Employees of the Department of Justice, which investigated Clinton’s use of a private email server while she was secretary of State, gave Clinton 97 percent of their donations. — Trump received $8,756 from DOJ employees compared with $286,797 for Clinton. From IRS employees, Clinton received 94 percent of donations. —
The President’s Right to Say ‘You’re Fired’
Today’s civil-service system violates the Constitution. Trump has the power to fix it.
By PHILIP K. HOWARD (author of the NYT best seller “The Death of Common Sense”)
WSJ – Jan. 30, 2017
President Trump wants to overhaul the civil service. Even ardent liberals agree it needs to be rebuilt, but past efforts at reform have withered in Congress under union power and public indifference. There’s a more direct path: Mr. Trump can repudiate civil service in its current form as a violation of the Constitution’s mandate that ‘the executive power shall be vested in a President.’… Because of civil-service laws passed by Congress… — the president has direct authority over a mere 2% of the federal workforce. — The question is whether those laws are constitutional.
Does Congress have the power to tell the president that he cannot terminate inept or insubordinate employees?
The answer, I believe, is self-evident. A determined president could replace the civil-service system on his own, by executive order. The move would doubtless be challenged in court, but it would likely be upheld, especially if the new framework advances legitimate goals, honors principles of neutral hiring and is designed to foster a culture of excellence.”
Ironic this is happening right before the Super Bowl in a border state. “Black Sunday” omen ??
Trump’s tweet:
” The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy! ”
https://mobile.twitter.com/realDonaldTrump/status/828042506851934209
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“Black Sunday” movie turns 40 this year.
https://en.wikipedia.org/wiki/Black_Sunday_(1977_film)
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Not all refugees from the seven countries of the travel ban get to come to the United States, so who is affected? Some make their way to Europe in rowboats. Are any or many of those subjected to the ban in possession of visas that may have been promised as an incentive to work for the U.S in those countries? If that is the case, then the travel ban could be evidence that we are pulling out, planning to leave off our military engagement in those countries.
I discussed the promise of immigration to the U.S. with their families, as a recruitment tool for foreign agents, interpreters, insurgents, call them what you like, in countries where the U.S. is waging some sort of military action, with a friend who is an immigrant from the Eastern bloc. He said it was common knowledge that we have been doing it forever, and mentioned Vietnam as an example. It does indeed seem like, whenever we lose a war, we also bring home large numbers of displaced refugees who had been working for us.
So the ban on travel and refugees from those seven countries implies that we are no longer recruiting native volunteers to work for or with U.S. agencies in those places. Or at least we do intend to wind down those activities. Thus it provides evidence to me that we really are planning to leave those countries, and I do want Trump to bring the troops home. I don’t think that is wishful thinking. I can also understand, in this context, why Sen. McCain would squawk, as it would tend to reduce his patronage in those places.
OK so the judge on stuck 60,000 visas. CBP Officers always had the right to deny entry into the U.S. to anyone they found unacceptable. Entry into the U.S. is a two step process for aliens. First obtain a visa at a U.S. Embassy. Second answer questions by the CBP Officer at the boarder. Those who can not answer the questions may be denied entry. Believe it or not there are fake visas and aliens who can not answer question. I suppose a 25 year old male traveling internationally alone with no luggage wouldn’t raise a red flag with the never Trump crowd.
A check of the U.S. Embassy in Turkey website still a notice that visa applicants should not apply or make appointments. A check of Qatar and Emirates airlines websites clearly list the U.S. visa ban
http://www.wnd.com/2017/02/ex-visa-officer-obama-failed-to-do-basic-screening-of-migrants/
Everyone is very vocal on this issue. Freedom vs security. That is always how it plays out. Let the courts decide, then everyone shut up. Time to move on to the next crisis.
You are a class act Mish. Reading these comments makes me sad for our country. Trumps travel ban would not have stopped a single terrorist act committed by a Muslim on American soil in history. The MSM has so brainwashed our citizenry with fear that they have become easy sheep to be sheared. The founding fathers would be weeping.
The MSM? Zero Hedge is one of the leading sites for fear mongering and supporting unconstitutional acts by Trump. If they had their way Trump would rule by decree and there would be no judiciary or Congress to interfere.
In my youth, they used to say “Run it up the flagpole and see who salutes.” Is this Sun Tzu’s misdirection warfare? Distraction from the next EO? Regressive Left civil war?
The tech industries destroying American jobs fomented or lined up behind the attempted Seattle Coup. While they’re doing that, I’m waiting for someone to explain how the lunatic fringe leftist coast 9th DISTRICT Federal Courts have JURISDICTION over DC. These guys can’t:
http://lawnewz.com/high-profile/on-trial-why-trumps-immigration-ban-will-win-over-seattle-judges-nationwide-stay/
http://www.americanthinker.com/blog/2017/02/muslim_ban_injunction_is_a_judicial_coup_against_president_trump.html
What is illegal about Trump’s ban? Foolish and irresponsible I’ll go with — valid visas previously granted should have been honored, and it is disgraceful they were not. Putting Iran on the list was silly. But illegal? The law grants the executive the power to deny entry to any alien or class of aliens for practically any reason — including religion, if he so desired.
Unconstitutional? The Constitution grants Congress the power to make laws about naturalization. It puts the Executive in charge of the ports. It says Congress shall make no law establishing a religion or preventing the free exercise of religion. How could a 90-day ban on the admission of people of certain national origins be unconstitutional? How could a 90-day ban even on the admission of people of a certain religion be unconstitutional?
That’s the same kind of spaghetti reasoning that found a right to abortion and right to gay marriage in the Constitution (and, to be even handed, a right to bribe politicians via Citizens United). Regardless of whether those things should be allowed, they aren’t there in the Constitution.
It seems we’re now in a post-rational, post-secular, post-rule-of-law society, and we’re careening towards a civil war that will leave us in a post-democratic polity.
I read through Robart’s order. He is basing his claim that the plaintiffs will likely prevail on the requirement that naturalization laws be *uniform*, which is from the Constitution. However, the judge is not making sense, since if *uniform* means the same rules should apply to visitors regardless of nationality, then how can it be constitutional to give countries like Britain the right to a visa when they show up at the airport, vs waiting lists and large bank deposits for people of third-world countries?
In essence, *uniform* here means *not arbitrary and not individually determined*. I would love to hear a real argument of how we get from *uniform* rules to “Trump’s ban is unconstitutional”, and I say that as someone who has never cared for Trump (but who cares a lot for logical consistency and the rule of law).
Trump’s followers demand that he take action against the enemies of the United States and to do so, Trump will remove the entire judiciary and dissolve Congress and rule by decree if it is necessary. We are long past the day when a piece of paper is a deterrent to a president doing anything he likes. Trump is the Messiah, the Chosen One, to destroy the perceived enemies of the United States, internal and external.
And again, it wouldn’t be the first time such a thing were threatened. FDR threatened to stack SCOTUS. I agree though, I can see it happening. All republics throughout history devolve into despotism. It’s like an irrigation dripline of totalitarianism leading to a waterfall event.
I wanted Trump in office if that happened because I cringe to think of what Hillary would have done in a national emergency.
Which of these cute kids do you want in your neighbourhood Mish? They are trained commando style, making slick propaganda videos while putting live rounds into whimpering grown men. https://videos.funker530.com/bitmotive/public/funker530/v1.0/videos/funker530/0c4361c86c3e9ecfa1d544b637eb7e44/854×480.mp4
Hey Mish, how about informing yourself??? Like with a Google search that points to this section of the law.
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
https://www.law.cornell.edu/uscode/text/8/1182
How about educating yourself on other issues?
An appeals court upheld the ruling.
There are issues
Mish, who gives a rip what the court upheld. Our court system is a freaking joke man. There is NO Rule of Law left. In such times in human history, the tree falls in one direction (liberty, albeit with bloodshed) or the other (totalitarianism, albeit with even more bloodshed).
Our courts are an absolute, unmitigated joke. Sorry, but 99% of people don’t have enough money to defend themselves in a federal system with unlimited resources, and with Attorneys General willing to throw 150 charges at defendants, know that 1-2 will be pled out.
“An appeals court upheld the ruling.”
The 9th circuit, which is often overturned because of its left wing slant.
I fail to see what is ambiguous about words such as:
Whenever…
he may by proclamation, and for such period as he shall deem necessary…
suspend the entry of all aliens…
impose on the entry of aliens any restrictions he may deem to be appropriate…
The intent of the law is clear and the powers granted to the President have been used multiple times before.
The judge is in “penumbras of the Constitution” territory. Which is the same as “I don’t like it, so I’ll block it”.
Just posted from an Ex-VISA officer: Trump is right!
http://www.wnd.com/2017/02/ex-visa-officer-obama-failed-to-do-basic-screening-of-migrants/
trump did not act illegally. every president has wide discretion on international policy and security. not district court judges.
Here you go, Mish: An article from the NY Times in 1861. Jefferson made it pretty clear that at the time of ratification, the Founders were more worried about an over-reaching Executive. Little did they know the Courts would be the tyranny that killed the Republic.
http://www.nytimes.com/1861/06/23/news/jefferson-on-the-supreme-court.html
Sorry Mish but you’re peddling a load of crap here. Trump’s ban is both legally sound and necessary, and will be reinstated even if by the Supreme court. And these activist federal judges will not escape this travesty unscathed.
Trump is basically amateur at the White Hiouse. I don’t think you can blame the Judge for pointing out that there are problems with what Trump has done. It is Trumps fault for not taking the time to do this right.
Like it or not he was elected and I think he has the right to set policy but there is a right way and a wrong way to do things.
Love him or hate him I think by looking at the end result you can probably see that he went about this the wrong way as the result of what he did is that immigrants from these countries are still coming in.
If he was as smart as he thinks he is he would have left no room for a successful challenge.
With Trump it is all about the drama and the shock and awe. He could have accomplished what he wanted with due consideration to all involved and that would have been the right thing to do and it likely could have been done within the letter of the law.
His style is to poke people who don’t agree with him in the eye and kick up dust and grab headlines to feed his giant ego.
What is going to happen when he needs to do something that impacts American lives and he screws it up because he is shooting from the hip or just trying to be dramatic so he can keep himself in the lead story at Fox and CNN or SNL?
This is a bigger risk for Americans than letting in properly screened immigrants.
BTW over 15,000 immigrants were let into the US in 2016? How many terrorist attacks resulted from that?
This likely going to the supreme court no matter how he did it. And it is legal and the right thing to do, make no mistake about that. Foolish liberals who are trying to second guess him with access to intelligence he only has are endangering the country. These federal judges will be given a chance to convince the Supreme court why they think they know better. When they cannot, their stunt will not be taken lightly.
These people are already here. Legally. I do not object one bit to reviewing them all. I do object to issuing a point bank no entry on people who live here and work here and my have families here. It is idiotic. The best thing for you to understand this would to be trapped elsewhere and have others say I don’t give a FF.
This is not about banning new entry. This about a stupid ruling that will not let Green Card holders return to their home and families, on the it’s a “small price” to pay theory.
Get a grip on reality.
This is NOT about green card holders anymore.
There is a waiver system in the order and Greencard holders started ALL being waived through BEFORE the “black lives matter”-activist-judge issued his order stopping the implementation of Trump’s 3-4 month pause completely.
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USA should immediately start asking people coming in if they support sharia law and DENY ENTRY to each and every one who supports sharia and all visitors should also be asked if they think women are equal to men and DENY ENTRY to each and every one who thinks women are NOT equal and all visitors should be also asked if terrorism is acceptable in some cases and DENY ENTRY to each and every one who thinks terrorism is acceptable and every visitor to USA should be asked also whether they believe in free speech and the right of others to mock their religion freely without fear of violence and DENY ENTRY to each and every one that does NOT believe in free speech and USA should ask every visitor whether they believe that women should freely choose who they marry and date with and DENY ENTRY to each and every one that does NOT believe women have the right to choose who they marry and date by themselves freely and USA should ask every visitor whether they believe that people should be able to leave their religion freely without any punishment and DENY ENTRY to each and every one that does NOT believe in freedom of religion, USA should ask each and every one coming whether they believe that women should wear a face hiding veil aka burga/niqab and d DENY ENTRY to each and every one that thinks women should wear burqa/niqab.
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ALL women wearing full face veils and their husbands and relatives and family should be DENIED ENTRY on the spot because of their bigoted and woman hating views and the mental violence they are subjecting women to by requiring the wearing of full face veil.
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Trump needs to use the above as instructions to border patrol and US consulates must stop issuing visas to all those people who hold abhorrent and bigoted and hateful views against free speech, freedom of religion, equality of women etc.
http://www.usnews.com/news/world/articles/2016-12-05/fake-us-embassy-in-ghana-that-issued-visas-for-about-10-years-shut-down
No sir! No Mish. I don’t agree with you nor do I agree withthe judge. President Trump was simply doing what he said he would do. I voted for him to do this and once again He did what he said he would. Now I want him to kick the republicans in the ass to fix Obama Care this week. And while he’s at it I want him to implement Glass- Spegall immediately since he dropped Dodd-Frank. And implement Trumps Tax Plan. But most of all I want him to stop drone bombing innocent human beings like the USA has done since Obama and Bush.
Non citizens of the U.S., who are not in the U.S., are not covered by the U.S. Constitution so they have no right to “due process”.
The Left has gone too far with their activist judges who are nothing more than an unconstitutional shadow legislature.