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BREAKING: Justice Dept. formally appeals court ruling that suspended Trump's immigration ban http://fxn.ws/2ktEKT8
Posted on 02/04/2017 5:02:10 PM PST by SeekAndFind
The U.S. Justice Department has formally filed an appeal regarding the court ruling from a federal judge in Washington who put a stay on President Donald Trump's executive order regarding immigration.
Hope we have good lawyers.
They haven’t filed an appeal. They have filed a notice of appeal. http://thehill.com/blogs/blog-briefing-room/news/317944-justice-department-appeals-federal-judges-ruling-halting
It’s easy to have the TROs overturned or stayed based on a lack of jurisdiction:
8 USC 2241(e)(1)
“No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.”
http://codes.lp.findlaw.com/uscode/28/VI/153/2241
... OR IS AWAITING SUCH DETERMINATION is directly equivalent to the President’s order of a temporary ban while conducting EXTREME VETTING. The only way to not see this is to ignore it, dismiss it as if it does not exist, based on nothing more than a dislike of the President. That is a willful violation of law by not just a judge but judges.
What the H took them so long
Excellent. I hope it will be heard first thing Monday morning and this hack will be mercilessly slapped down.
Wont matter...its 9th circuit..probably will be upheld..will have to go up from there
Yup. And I’m not optimistic it will be overturned with a SCOTUS that is one short of a full deck.
correct the supreme is 4-4 and the left is so angry that they will let it go out of spite.
It is truly a horrible situation.
Nahh.
They will get it reversed.
Trump is being too Presidential. Just rewrite the order and force them to go back to court. Rince, repeat.
Nothing is easy because this is not rule of law
Republicans have the cards but refuse to play them because they are cowards. Trump is the only one fighting
What the H took them so long
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That’s what I’m wondering too.
It is easy to see the law in this case. But I get your point. These so-called judges are in a willful conspiracy to violate the law.
The Administration is appealing and will be challenging jurisdiction.
If the Appeals Court grants a stay for the Administration, it is over until the plaintiffs appeal to the USSC.
If the Appeals court rules against the Administration, then it is on to the Supreme Court.
McConnell will go nuclear and with a fully seated bench, the USSC will strike down lower court rulings.
The question is what will happen to the judges who willfully, blatantly violated clearly written law?
Remember D.C. Is filled with liberal asses!! They’ll try everything possible to drag their feet and obstruct ...just saying
I feel like FISA is in this. Notice nobody on the Left’s even asked about the security reasons for this. They don’t recognize threats.
You mean THIS McConnell [McConnell's Desultory] Senate Calendar
Well, maybe we can get up a resolution to hold a vote to hear a resolution to move to hold a vote to consider having a vote to close of debate so we can sit on our arses for another two weeks before actually holding a vote. You mean THAT McConnell.
So is the emergency appeal next then?
I suspected this action in Seattle was set up and really to go. THen the judge in Boston was notified, the judge their lifted the order so the action would take place in Seattle. appeal to 9th Circus and then to,divided court.
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