Tag Archives: Trump Executive Order

Hawaii Federal Obama Judge Appointee Prevents Trump Refugee EO | Mar 16, 2017

Hawaii Obama Judge Rules Muslim Imam Has Special Constitutional Rights to Bring Anyone from Terror Countries into America

|  Breitbart

“In a ruling issued on Wednesday afternoon, a federal judge, and Obama appointee, prevented the President of the United States from enforcing his own executive order to protect the nation from migrants from terror-riddled countries.

The judge then prevented every other judge and every other state from following the President’s order, the judge making himself a one-man Supreme Court and substitute President.

The judge then held that American universities and immigrants living here can prohibit America from ever limiting immigration from Muslim-heavy countries, claiming the First Amendment gives Muslim-dominant nations a right of immigration to America.

Such arrogance and abuse of authority sound familiar? Such First Amendment favoritism toward Islam sound familiar? Well, Obama did appoint this judge, and a rule of thumb with federal judges is they tend to mirror the psychologies of the man who appointed them.

The judge’s ruling is completely lawless, mirroring Obama’s deep state allies in his shadow government’s attempt to sabotage the Trump presidency. There is no precedent for the court’s order. In fact, every precedent is against the court’s order; just read the detailed logic and scholastic citation of proper governing legal authorities from the decision of a moderately liberal Boston judge who upheld every part of Trump’s prior order.

To give you an idea of how lawless the decision is, just try to find the analogous case the Hawaii judge cites for his ruling; there is none, not one single prior example of another judge ever doing what this Judge did to the extent he did it.

To give you another example of how baseless the court’s ruling is, even liberal law professors and scribes criticized the more limited Ninth Circuit decision that this Hawaii judge goes far beyond. Liberal law professor Turley noted Trump should win a challenge against that ruling. Liberal democrat professor Alan Dershowitz noted the same. Liberal law scribe Jeffrey Toobin conceded the same.

Attorney Robert Barnes joined SiriusXM host Alex Marlow on Thursday’s Breitbart News Daily to discuss his latest Breitbart News column:

“The district court judge in Hawaii, who was a fellow law graduate of Harvard law school with former President Obama – and, in fact, Obama was in Hawaii yesterday before the decision was issued, so some people have speculated on the coincidence of that. But he issued a decision that blocks the ability of anybody to enforce the order anywhere,” Barnes said. “So he went beyond just the district of Hawaii. He said no state can enforce it. Nobody in any part of the country can enforce it. Nobody anywhere in the administration can enforce it. He issued what’s called a nationwide injunction, and it precludes any application of the order, pretty much, on any aspect of the order, pretty much, until there’s further review.”

“His basis for doing so was an extraordinary interpretation of the right to travel and the freedom of association, which before, has only been associated with U.S. citizens,” Barnes continued. “Every court decision in the 200 years prior to this has said that people who are not citizens of the United States, who are not present within the United States, have no First Amendment constitutional rights. The Constitution doesn’t extend internationally to anybody, anywhere, anyplace, at any time. Instead, this judge said it did, as long as you had a university here who wanted to assert, quote-unquote, the foreigner’s rights, or you had some physical person here. In this case, it was one of the leading Muslim imams in Hawaii; he wants to bring over various family and friends from the Middle East.”

“The Hawaii judge’s decision says he has a First Amendment constitutional right to do so because he’s Muslim. It was one of the most extraordinary interpretations of the Establishment Clause of the First Amendment ever given, which is that because these are Muslim countries that were banned where the issue of terror arises from that that meant they had a special right to access the country and visit the country,” he said.

“As long as there is somebody here that wants them here, no president can ever preclude them from coming here. He basically gave First Amendment rights to everybody around the world and gave special preferences to people who are Muslim under his interpretation of the First Amendment,” Barnes summarized.

“So it’s an extraordinarily broad order. Its legal doctrine has no limits. If you keep extending this, it means people from around the world have a special right to access the United States, visit the United States, emigrate to the United States, get visas to the United States. There wouldn’t be any limit, and the president would never be able to control our own borders. It would be up solely to the whim of a federal judge who effectively delegated it, in this case, to a Muslim imam in Hawaii,” he contended.

Barnes noted that the judge did not “cite any prior decision” that has ever established this astonishing new quirk of the Constitution.”

…Continue reading more @ Breitbart

 

Federal Judge In Hawaii Enjoins Second Executive Order

| JonathanTurley.org

Last night, U.S. District Judge Derrick K. Watson issued a temporary restraining order that prevents the second immigration order of President Donald Trump from going into effect on Thursday.

The 43-page opinion is scathing and relies not only on the statements of President Trump but the recent statements of his chief aide Stephen Miller.  While I respectfully disagree with Judge Watson and view his decision as contrary to the weight of existing case law, the opinion again shows the perils of presidents and their aides speaking publicly about litigation.

Watson found that there was a “strong likelihood of success” for challengers because “a reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance — would conclude that the Executive Order was issued with a purpose to disfavor a particular religion.”  He strongly dismissed the argument that this is not a religious ban since it did not impact the vast majority of Muslims: “The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.”

As previously discussed, I believe that the odds favor the Administration in prevailing in the long run.  It could face a mix of decisions on the lower courts as it did with the first order. However, this order is a better product and presumably the Justice Department will markedly improve its performance in the defense of the order.  I do not see how a strong likelihood of prevailing could be maintained on existing case law, particularly under the establishment clause.”
….Continue reading more @ JonathanTurley.org

Grandstanding Judicial Supremacy Must End

| PJ Media

“Here we go again. Last month it was Seattle District Judge James L. Robart who decided he had the authority to contravene the president’s executive order “on a nationwide basis,” temporarily banning entry into the United States of people from seven terrorist hot spots (Somalia, Yemen, Iraq, Iran, Libya, etc.). Come on in folks, don’t mind the laws of the United States! All are welcome.

Judge Robart, whom no one had ever heard of before, got a lot of play in the anti-Trump media (which is to say, the media tout court) and has doubtless been dining out on that sever since.

As I said at the time, Judge Robart’s restraining order, especially its nationwide application, struck me as legally dubious and, practically speaking, unworkable. Can we really have six or seven hundred district judges making policy for the entire country? For make no mistake, that’s what Judge Robart did. At the behest — or with the collusion — of a couple of blue state attorneys general, Judge Robart decided that he had the authority to contravene a legally framed executive order issued by the president of the United States and to make himself, Judge James L. Robart, the supreme law of the land.

Since he happened to reflect the establishment anti-Trump consensus, it was all a big hit with the establishment anti-Trump media. So it is no surprise that in the wake of the president’s new travel ban, another grandstanding judge — several of them, in fact — is eager to horn in on the publicity. Yesterday, U.S. District Judge Derrick Watson from Hawaii made a bid for his fifteen minutes of notoriety and blocked the travel ban just hours before it was set to take effect. According to Judge Watson, the travel ban was not about national security, as the president said, but “significant and unrebutted evidence of religious animus.”

I’d say that was ridiculous on the face of it. If Donald Trump wanted to institute a travel ban against Muslims, why would he neglect to include countries in which more than 85 percent of Muslims live? No, the ban has to do with national security, not religion. But leave that to one side. The real issue is: Who asked Judge Watson? As Andrew McCarthy has explained with his usual perspicacity when Judge Robart weighed in on the first travel ban, the president has plenary power to decide who may and who may not travel to the United States.

McCarthy cites federal immigration law Section 1182(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 (emphasis added).

In other words, Donald Trump’s travel bans were perfectly legal.

But legality is not the issue. Political warfare is the name of the game. Judge Watson, joined by a handful of his anti-Trump confrères and the vast majority of the media elite, has decided that the judiciary, not the executive branch, is in charge of international relations and foreign affairs. (In fact, they believe that the judiciary, so long as it hews to a progressive agenda, is in charge of everything, but that is an issue for another day.)

Now the Ninth Circuit, which has jurisdiction over the case, is famously latitudinarian. It sided with Judge Robart in his original TRO last month. But things may be different this time around. Yesterday, five judges said they considered that decision incorrect. “Whatever we, as individuals, may feel about the president or the executive order,” Judge Jay Bybee of the Ninth Circuit wrote, “the president’s decision was well within the powers of the presidency.”

For his part, Donald Trump blasted the “unprecedented judicial overreach” of Judge Watson. What’s next? The president has vowed to fight the case all the way to the Supreme Court. Absent a ninth member of that Court, the decision is likely to be split 4-4, thus affirming the lower Court’s decision. So in part this story might be called “Waiting for Gorsuch.”

But I suspect the left-leaning judicial supremacists may have pulled off a scab from a wound that now will fester. There are various expedients that could be pursued. There is nothing in the Constitution that says the U.S. has to maintain a District Court system at all. A Supreme Court, yes. There it is in Article 3. But Judge Robart’s or Judge Watson’s perch? Tell me where the Constitution specifies that. Nor does the Constitution say anything about judicial compensation; perhaps it should be zero. Who knows what the ingenuity of man might discover?”

…..Continue reading @ PJ Media