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Appeals Court Denies Justice Dept Motion to Lift Travel Ban Restraining Order [9th Rebuffs Trump]
ABCNews ^ | February 05, 2017

Posted on 02/05/2017 12:58:56 AM PST by Steelfish

Appeals Court Denies Justice Department's Motion to Lift Travel Ban Restraining Order By DEAN SCHABNER DAVID CAPLAN Feb 5, 2017 The U.S. Court of Appeals for the 9th Circuit announced early Sunday morning that it has denied the Department of Justice's emergency motion -- filed late Saturday -- to issue an immediate stay on a Washington State judge's temporary restraining order of President Donald Trump's controversial travel ban.

"The court has received appellants' emergency motion (Docket Entry No. 14)," read the order from the appeals court. "Appellants' request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied."

Lawyers from Washington State and Minnesota, who brought the challenge to court in Seattle, have until Sunday at 11:59 p.m. Pacific Time to file a response to the Department of Justice's request. The Justice Department then has until Monday 3 p.m. Pacific Time to file a reply brief.

Lawyers for the Department of Justice argued in the filing that the restraining order is "vastly overboard," and it "second-guesses" the commander in chief.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Breaking News; Foreign Affairs; News/Current Events
KEYWORDS: 9thcircuit; 9thcircus; aliens; bordersecurity; breaking; doj; first100days; lawsuit; refugees; ruling; spartansixdeltatrump; travelban; trump; trump45; trump7countryban; trumpdoj
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To: Alberta's Child
No need to get DHS staff in the middle of a legal-political battle. They can do everything laid out in that EO under the authority they had before the EO was issued.

Except, they're not. It's been widely reported that DHS has stood down, and are obeying the Seattle judge instead of their Commander In Chief - who has the law and the Constitution on his side.

221 posted on 02/05/2017 10:06:16 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Wuli

Absolutely on point! DOJ must take it to SC where Justice Kennedy has jurisdiction and have him issue a temporary stay.


222 posted on 02/05/2017 10:14:52 AM PST by Steelfish
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To: VermithraxPejorative
The question is why the hell Trump didn’t just ignore these rogue judges that are flagrantly breaking the law.

My crystal ball tells me that was the President's gut instinct response, but his advisors counseled him to cool his jets and take it to the courts.

Bad move. He cannot win in the courts, as currently configured. In essence, the Seattle judge is now in charge of the executive branch of the federal government.

223 posted on 02/05/2017 10:15:29 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Windflier

The President could have accomplished the same thing without the EO. The whole purpose of the EO was to push it into the public eye. I can say with 100% certainty that Trump did do all he did to get to the White House, only to beg permission from a simpering sh!tbag in a black robe.


224 posted on 02/05/2017 10:17:41 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: Windflier

http://www.americanthinker.com/blog/2017/02/how_corrupt_judges_extend_constitutional_protections_to_foreign_nationals.html


225 posted on 02/05/2017 10:18:30 AM PST by Steelfish
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To: ponygirl

The upside opf thngs today is that the tar is synthetic and can be applied without heating it, so the tar and feathering unit can be much more mobile.

Point me at a judge, we can have him slapped and wrapped in 5 minutes.


226 posted on 02/05/2017 10:19:49 AM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Windflier

What did the Seattle judge tell them to do?


227 posted on 02/05/2017 10:20:58 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: Ray76

We need Sessions confirmed, and then the AG’s patriotic palidins will put the judiciary in line.


228 posted on 02/05/2017 10:21:34 AM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: silverleaf

he also has career civil servants in the cabinet departments
who cannot be fired slow walking Trump’s policy decisions and resisting quietly. They have Civil Service status so
barring criminal behavior they can only be given different jobs such as Regional Assistant Supervisor for making sure that plants don’t talk, or some such thing.


229 posted on 02/05/2017 10:33:56 AM PST by RitchieAprile
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To: gswilder
In the end the EO will stand.

Maybe that's why Trump took this route. It's as if, "Okay, you want to play hardball, lets fight this all the way to the Supreme Court. I want to teach you commie judicial judges who's boss right off the bat. I'm not putting up with this crap for eight years."

230 posted on 02/05/2017 10:39:49 AM PST by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: Alberta's Child
The whole purpose of the EO was to push it into the public eye.

Said no one, but Alberta's Child.

Forgive me, but I think I'll listen to the President on this one. He clearly stated that he issued this EO to protect the American people.

231 posted on 02/05/2017 10:50:53 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: nralife; All

They don’t call it the “9th Circus” for nothing.


232 posted on 02/05/2017 10:53:18 AM PST by rdl6989
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To: Windflier
I'm guessing you haven't read the reports about the internal discussions in the Trump team over this EO.

This discussion reminds me of all the hand-wringing and bawling on the FR threads about the Wisconsin, Michigan and Pennsylvania recounts after the 2016 election. It's a miracle that the George Soros plan to overturn the election didn't work.

233 posted on 02/05/2017 10:56:23 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: RitchieAprile

and that’s why Sessions and the other key Cabinets should have been confirmed and installed before Trump pulled the trigger on this action.

What a difference it might have made for the President to wait a few more weeks to launch this one*** - directing the State Department, AG, CIA and DHS to assure both the President and the Congress - in light of upcoming escalating military ops vs ISIS - that vetting of immigrants from terrorist sponsoring nations identified in Obama EO _____ was adequate

And if those agencies could not unanimously assure that an adequate immigrant visa anti-terrorist vetting system was in place, then issue a recommendation for a temp immigration delay not for 90 days- but until such assurance would be issued

Put the Cabinet, the CIA and the Congress on the hot seat for the national security aspect

instead of being the Lone Ranger and letting Bannon (or whoever) urge him to crank out these EO’s as if issuing EO’s was a blood sport

***unless there is some compelling threat no one has been briefed about including Congress


234 posted on 02/05/2017 10:57:09 AM PST by silverleaf (Age takes a toll: Please have exact change)
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To: Dave W

Well this is very different. The left has been shut out of power in 2 branches of government and plans to attempt to rule legislatively from the judicial branch. This is a total abuse of power. Immigration law that is governing the entry of foreign nationals and non citizens is not the judicial branches job! The judges in this case are not privy to any intelligence information and therefore it is not practical or safe for that matter to allow them to be in charge of making decisions that directly affect our national security. What’s next? Weighing the constitutionality of our foreign policy?


235 posted on 02/05/2017 10:57:52 AM PST by McCarthysGhost
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To: Alberta's Child
What did the Seattle judge tell them to do?

Now you're just arguing for argument's sake. Your question is moot in light of the obvious.

236 posted on 02/05/2017 11:01:34 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Windflier

In your haste to answer my post you forgot to answer my post.


237 posted on 02/05/2017 11:03:12 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: Alberta's Child
I'm guessing you haven't read the reports about the internal discussions in the Trump team over this EO.

Let me guess. These 'internal discussions' we're leaked by 'administration officials in the know', and 'unnamed sources on the condition of anonymity'.

I'd like to see the source for these 'discussions'.

238 posted on 02/05/2017 11:08:01 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Alberta's Child
In your haste to answer my post you forgot to answer my post.

Ask stupid questions, get stupid replies.

239 posted on 02/05/2017 11:09:30 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Lil Flower

I understand the frustration, but that being said, within our Country we have to abide by the rule of law. This Judge did in fact only rule on 4 provisions of the law, basically the travel ban. The VISA and other programs remain (setting up vetting, etc.). What the DOJ is hoping to do is overturn this Judge, then maybe the Judge might be impeached. Who knows. But not doing anything is foolish as it will light a fire storm. If the Appeals court upholds the lower court, next battle is SC.

Don’t forget, if this fails all FUTURE presidents will not be allowed to Ban anyone from any country. It’s a mess, but hopefully cooler heads will prevail. If the Judge’s ruling is allowed, Trump will just have stricter vetting for getting a VISA. Then if someone enters without one from any country, that would be illegal.


240 posted on 02/05/2017 11:17:36 AM PST by bobsunshine
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