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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: Steelfish

SCORE

Liberals 1
Trump 102

Still a blowout


241 posted on 02/05/2017 12:03:57 PM PST by Stopthethreat
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To: Candor7

INADMISSIBLE ALIENS

Text contains those laws in effect on February 4, 2017

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim#substructure-location_f

(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.


242 posted on 02/05/2017 12:34:46 PM PST by Fred Nerks (fair dinkum)
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To: Steelfish

What do you propose?


243 posted on 02/05/2017 12:53:55 PM PST by John W (Under Two Months And Counting!)
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To: Windflier

Judicial tyranny is a problem I am not addressing here.

We all know that the EO is well grounded and supported by the Constitution and existing statute law. So do they. The EO serves as a vehicle to attack Trump. Remove the object of their attack. A statute which implements the goals of the EO could be passed and there is nothing the Democrats in Congress or a court could do about it. It would require a simple majority in the House and a majority of the Senators voting in the Senate. An obstacle in the Senate is cloture rule requires 60% vote. I don’t know what parliamentary maneuvers can be used, but the Democrats always seem to find a way.

Speaking of maneuvers, the Senate could recess and Trump could make a recess appointment... Mike Lee for example. Take that Chucky.


244 posted on 02/05/2017 1:05:52 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Ray76
the Senate could recess and Trump could make a recess appointment... Mike Lee for example.

A recess appointment is certainly one tactic the President can use to outmaneuver the left, but I doubt he'd pick Mike Lee for the high court. The man has proven to be a NeverTrumper.

245 posted on 02/05/2017 1:17:13 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Lazamataz

How many germs were released to the public to encourage health care compliance ?

Thats a question I want answered.


246 posted on 02/05/2017 1:24:51 PM PST by Therapsid (eagan)
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To: Windflier

Lee is as much like Scalia as Gorsuch is.

http://www.freerepublic.com/focus/f-bloggers/3520678/posts


247 posted on 02/05/2017 1:29:42 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Steelfish

Ninth Circus...figures


248 posted on 02/05/2017 1:32:02 PM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: Steelfish

Thanks for posting that case,

KERRY, SECRETARY OF STATE, ET AL. v. DIN


249 posted on 02/05/2017 1:42:13 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Ray76
Lee is as much like Scalia as Gorsuch is.

Sorry. Lee just recently spouted some anti-Trump nonsense. No go.

250 posted on 02/05/2017 7:52:07 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Windflier

That may be, but it does not effect his Scalia-ness. I’m not pushing Lee, just throwing out a placeholder name for a recess appointment. Lee, like Gorsuch, was most Scalia-like, that’s all.


251 posted on 02/05/2017 7:56:54 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Lazamataz
Trump won't.

Really and please use President in front of President Trump. He deserves the respect he has fought so hard to achieve.

What about the 100,000 Muslims from these countries that have VISAs and approved Green cards to come over that possibly will be here before this mess is sorted out?

What will President Trump do about theses 100,000 that have not been vetted and now are on our shores God knows where.

President Trump is in the right, he knows it and the Judge has no standing.

This is what bothers me the most. President Trump should have ignored the Judges order, commanded DHS to stop all entry from these countries over the weekend until this could be sorted out. This would have protected America.

Something is up, a deal has been brokered. Possibly the votes on his picks for his cabinet or USSC need to be filled.

We need to watch and see if now all of his choices breeze through the process

252 posted on 02/06/2017 4:03:52 AM PST by eartick (Been to the line in the sand and liked it, but ready to go again)
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To: eartick
please use President in front of President Trump. He deserves the respect he has fought so hard to achieve.

Check my posting history. I make it a point to use the term President Trump. I may slip from time to time, but >95% of the time I do exactly as you suggest, for exactly the reason you cite.

253 posted on 02/06/2017 4:23:00 AM PST by Lazamataz (I hereby coin a new Internet acronym: NTOWY -- Not Tired Of Winning Yet.)
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To: eartick; Lazamataz
...and please use President in front of President Trump

Are you kidding? If there is one Freeper who from the beginning carried the battle standard for Candidate and later President Trump, it has been Laz.

Besides your blitheness on that score, you might consider heeding your own churlish advice.

From your Post #123, on Feb. 4th, under Obama Pentagon Official Says Anti-Trump Military Coup Now Possible:

Do you really think Mattis would give his word to Trump and then attempt a coup against him?

254 posted on 02/06/2017 4:58:55 AM PST by Fightin Whitey
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To: Fightin Whitey; eartick

LOL thanks bro... I say we go easy on eartick, I’ve never had a problem with him. :)


255 posted on 02/06/2017 5:03:35 AM PST by Lazamataz (I hereby coin a new Internet acronym: NTOWY -- Not Tired Of Winning Yet.)
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To: Lazamataz
I'll say this.

You believed when I doubted.

In those last weeks when the whole world knew that Candidate Trump had zero chance of victory, I would turn to your posts and think: Can he be right?

Laz 1, World 0.

256 posted on 02/06/2017 5:16:51 AM PST by Fightin Whitey
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To: Lazamataz; Fightin Whitey
Aren't we some angry lil piss ants this morning. Make one statement and you would think I was committing treason.

Now Fightin Skid Mark you need to go back and check my postings on Commadant Mattis and you will see I respect this honorable man and never assume him to break ranks with President Trump. His word is his bond. I have said many times he would be the man to lead the US in a take over under ObucketOshit. His dogs (including me) would follow him not only through but to the end of Hell. Now just pull your panties our of your crack and take a calming breath before you pull the trigger again because you are way off target.

And you Laxamatax, you just ain't all that.

257 posted on 02/06/2017 6:12:42 AM PST by eartick (Been to the line in the sand and liked it, but ready to go again)
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To: eartick; Fightin Whitey
Aren't we some angry lil piss ants this morning. Make one statement and you would think I was committing treason. Now Fightin Skid Mark you need to go back and check my postings on Commadant Mattis and you will see I respect this honorable man and never assume him to break ranks with President Trump. His word is his bond. I have said many times he would be the man to lead the US in a take over under ObucketOshit. His dogs (including me) would follow him not only through but to the end of Hell. Now just pull your panties our of your crack and take a calming breath before you pull the trigger again because you are way off target. And you Laxamatax, you just ain't all that.

Yer prjectin', brah. I was nothing but nice to ya, and even told Fightin' Whitey to ease off on ya.

I quoted the whole message, because you first said "Aren't we some angry lil piss ants this morning," and then proceeded to be an angry lil piss ant. :) :) :)

258 posted on 02/06/2017 6:25:35 AM PST by Lazamataz (I hereby coin a new Internet acronym: NTOWY -- Not Tired Of Winning Yet.)
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To: blackdog

Yes, the law is clear and this judge is wrong. The Pres is boss when US security is in question. I believe only Iowa had one fairly early Muslim family making meat for Muslims in the world. They damn sure were not here during the Revolutionary War.


259 posted on 02/06/2017 7:15:35 AM PST by Lumper20 (Muslims, Latinos, Asians etc. Assimilate means learn English plus OUR WAYS!)
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To: eartick
No one mentioned a thing about Mattis, except you.

Apparently you are too stupid or blind to notice that in the post you neglected to say President Trump, only a day or two before jumping on other Freepers for not doing the same.

Go talk to yourself in front of the mirror, reardick. You're going to give yourself a coronary trying to mix it up with the adults.

260 posted on 02/06/2017 9:07:57 AM PST by Fightin Whitey
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