Posted on 02/13/2017 6:18:07 AM PST by 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.
(Excerpt) Read more at msn.com ...
The Establishment Clause of the First Amendment doe NOT apply to non-citizens seeking to enter the US.
Non-citizen muslims (and for that matter, Satanists) have NO right to enter the USA!!!!
So PHOOEY to those attempting to dissect out our President’s “motivations”!! If he wanted to protect us from hordes of muslims, GOOD for him!!!!
It is time for Trump to summon Michael Buffer.
He is certainly a democrat, but he’s an activist AG, leading the charge on cake bakers and anyone else who don’t conform to leftist groupthink.
I keep hoping he has a tragic accident.
The People’s Socialist Republic of Washington. West of the Cascades Washington is Leftist Central (some town — was it Tacoma? — even erected a statue to Vladimir Lenin.
Divide Washington into two states at the Cascades.
It’s also amazing that Muslims believe that homosexuals deserve death, yet none of their bakeries have been put out of business because that would be islamaphobic.
It is such a shame that the commies took over such beautiful country, the left coast.
This chit is getting crazy. Send the Federal marshals to arrest all these lIEberal a-holes. Lock them up and throw away the key. They are traitors.
“No standing.”
Kind of predictable, really. It's the only sector of government where the GOP doesn't have a majority o supermajority. 69% of state Houses, 66% of governorships, 100% of the Executive Branch, 55% of the House, and 52% of the Senate (likely to be 62% next year) are all GOP controlled. The Left has nothing else, other than public riots, the media, and the courts.
What I’m interested in is the Muslims intent in coming here.
James Comey: “There was no intent”.
In fact, Carter never paused Iranian immigration wholesale, nor was there a registration system. But what Carter tried to implement was bad enough in that regard. It did not pass the test of its first judicial review a judge barely three weeks after implementation, but an appeals court upheld the president’s authority to set immigration policy, “so long as such distinctions” be tween classes of immigrants “are not wholly irrational.”
The arguments about intent were from minority opinions and have no legal weight because they are only opinions.
In tent?
Just keep the rapefugees in tent[s] where they are: outside the border.
dyrylic ?
derelict
What motivated Trump is irrelevant. He has the explicit authority to ban any person or class of persons as he deems necessary to protect the nation.
Don’t impeach the alleged justices. Arrest them under the Security Act and let them wait for trial at Gitmo. Obstruction of justice.
I would hope that if this WA AG feels so empowered he can depose and subpoena the Executive, the Trump Administration turn over ALL the Obama Administration memos and documents, and cites those individuals for subpoenas.
ping!
Unreal. Perhaps the WAG can simply consult a crystal ball. Or go talk to Johnny Carsons’ Carnac the Magnificent.
Oh, since Obama did nearly the same thing with the exact same seven countries, maybe he should ask Obama.
These people are effing EVIL, period.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.