Courts likely to probe Trump's intent in issuing travel ban

Reuters ^ | February 12, 2017 | By Andrew Chung and Mica Rosenberg

[Pinkbell]

Washington state's attorney general has promised to uncover "what truly motivated" President Donald Trump's executive order on immigration, an approach that could prompt a rare public examination of how a U.S. president makes national security decisions.

The presidential order imposed a temporary ban on travelers from seven predominantly Muslim countries, but a federal judge has barred enforcement of the order while the court considers a challenge brought by Washington state.

On Thursday, the U.S. Court of Appeals for the 9th Circuit left the judge’s ruling in place without deciding the ultimate merits of either side’s arguments.

In its decision, the 9th Circuit cited a previous case establishing that “circumstantial evidence of intent, including … statements by decision makers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.”

The Trump administration has argued that the ban is necessary to prevent potential terrorists from entering the country and is not discriminatory because the text of the order does not mention any particular religion.

Washington Attorney General Bob Ferguson signaled on Sunday that he will move aggressively to obtain written documents and emails authored by administration officials that might contain evidence the order was unconstitutionally biased against Muslims or Islam. He also said he would also move to depose administration officials.

Legal scholars say this could move the court into uncharted waters.

"The idea of looking at motive has never really been applied to the president," said John Yoo, a former Justice Department lawyer in the George W. Bush administration.     

"It would represent a serious expansion of judicial oversight of what the president and the entire executive branch does," said Yoo, now a professor at the University of California at Berkeley School of Law.

[Pinkbell]

If it was his intention to ban Muslims, then he sure did a bad job of it considering the vast majority of Muslims are permitted in under his ban. To top that off, the travel ban is only 3 months and is temporary. If he was all set to ban Muslims from this country, why only make it three months? The bottom line is the President has the right to suspend immigration that he believes is a threat to this country. The Constitution doesn't apply to noncitizens outside the country.

[wiseprince]

Congress is being dyrylic in its duties by letting this court to exist in its current form. Par for the course

[silverleaf]

Obama’s administration named those 7 countries as being of concern

Seems Trump inherited their motive.

[Flick Lives]

Washington Attorney General Bob Ferguson signaled on Sunday that he will move aggressively to obtain written documents and emails authored by administration officials that might contain evidence the order was unconstitutionally biased against Muslims or Islam. He also said he would also move to depose administration officials.

Legal scholars say this could move the court into uncharted waters.

---

1. What jurisdiction does a State AG have over the Federal government?
2. How would one determine motive in a law? This is veering into thoughtcrime.

[pepsi_junkie]

Wow, they are now ruling on people’s alleged thoughts. Who knew that the courts would declare themselves dictators this year?

[originalbuckeye]

I guess ‘to protect the safety of Americans’ wasn’t good enough for the 9th Circus?

[umgud]

Religious discrimination of anybody in the USA is taboo. Does that extend to foreigners not yet here? If so, why? How does our constitution apply to foreigners?

BTW, I’d have no problem with a muslim ban.

[central_va]

I think we are all knee deep in the Rubicon.....

[lurk]

They plan to bring in Mr Spock to do a mind meld and get to the bottom of Mr Trump’s thinking.

Whatever it takes to keep their hold on power.

[dinodino]

If they do this, then Obama should be called to testify on his motives for naming these seven countries.

[LS]

Already done. Comey said Cankles didn’t have intent.

[stylin19a]

the law doesn’t have “intent” as a factor. “Religion” criteria is not banned from either the 1952 law or the 1965 law.

[wbarmy]

written documents and emails authored by administration officials that might contain

This is the real point of this. They want access to all his emails and documents as a fishing trip, hoping to find something they can really use against him.

[broken_arrow1]

It ain’t there place to question anything - just read the freakin’ law.

[baltimorepoet]

If I was Trump, I’d tell the Atny General to feel free to try and send someone to arrest me, and then order the Secret Service to shoot to kill anyone who tries to do so.

[Leep]

Thought Crimes are well defined in the 28th Amendment of the USC.

[2banana]

Show me where in the US Constitution this is the how we do things.

Show me once this was applied to oBama.

Trump needs to squash the progressive fleas.

[mad_as_he$$]

Trump needs to rescind his EO and tell them to go pound sand - right after he issues a new one that “removes” the perceived problems with the first one.

[Made In The USA]

‘Washington Attorney General Bob Ferguson’

I’m too lazy to look, but willing to bet one or more of the following apply to Mr. Ferguson:

1. He’s a Democrat
2. He’s up for re-election this year
3. His voter base includes a large # of Muslims
4. He’s a Leftist tool (or just a tool)

[Old Retired Army Guy]

I saw the WA State Attorney General and his lackeys on TV taking their Victory Lap following the 9th Circuit Decision. What a bunch of wet behind the ears idiots.