Posted on 02/07/2017 4:43:39 PM PST by Truth29
Full Title: Trump's lawyer gets pounded by judges with questions about 'Muslim ban' as he fights for travel restrictions to be put back in place - and says White House will take ANY part of the ban being reinstated
President Donald Trump's administration says its temporary restrictions on citizens of seven terror-afflicted countries are not the equivalent of a Muslim ban - but justices on a federal bench reviewing the executive order indicated Tuesday that they're not buying it. Judges wanted to know whether the executive branch believes that Trump could bar Muslims from entering the country if he wanted. Judges wanted to know if the executive branch believes that President Trump could bar Muslims from entering the country.'That's not what the order does here,' said DOJ lawyer August E. Flentje Judges wanted to know if the executive branch believes that President Trump could bar Muslims from entering the country.'That's not what the order does here,' said DOJ lawyer August E. Flentje 'That's not what the order does here,' August E. Flentje, a career Department of Justice lawyer arguing on behalf of the president, repeatedly said. If it did, an American citizen would have standing to challenge it, Flentje told Ninth Circuit justices, but that 'is a far cry from that situation.' Flentje asked the court to 'immediately' lift a judge's injunction on Trump's executive order as he went head-to-head against lawyers representing two states. At the very least, he said, the government should reinstate the part of Trump's order 'that applies outside the boundaries of the US and extends beyond people who are in the US or who have been in the US.'
(Excerpt) Read more at dailymail.co.uk ...
Did ever attempt to bar Nazis? Because I really don’t see the difference.
Trump has history, the Constitution and legal precedence on his side. Banning people from a small list of nations has happened multiple times, this time was the first time that has ever been challenged in the courts. Beyond that, Trump has a moral duty to protect this nation from internal and external threats.
I’m thinking he could simply do what FDR did, and increase the size of the Judiciary and stack it?
Everyone who opposes him on this will get bitchslapped. Trump orders the State Department to revoke all Visas from the affected countries. No Visa, no entry. Presto-Whamo, same result, and in a manner no court can do anything about.
I think you have to much faith in the Supreme Court doing something rational. I should not be surprised to see it come down to 4-4.
The lawyer was not that good, and probably an obama sidekick.
What I hate is if this kangaroo court comes back against the President, it sets up the left to challenge every single EO.
Eight Percent.
We would have lost World War II if liberal elite idiots of our time lived back then... THE UNITED STATES HAD A BAN ON GERMANY, ITALY, FRANCE AND SEVERAL OTHER 'CHRISTIAN COUNTRIES' IN 1945...
Every suit now the left will place in that jurisdiction.
The founders are turning t=in their grave right now, as this was not how the system was supposed to be used.
That's just for sh!ts and giggles.
All judges appointed by democrat communists are politicians allied with the political class in DC.
SCOTUS won’t back Trump on this. I see it 4-4. No way Kagan, Soto, and Ginsberg go with Trump.
He has to figure a way to control immigration through not issuing visas until he gets Gorsuch on the court.
***Trump orders the State Department to revoke all Visas from the affected countries. No Visa, no entry. Presto-Whamo, same result, and in a manner no court can do anything about.
I think you have to much faith in the Supreme Court doing something rational***
That is exactly what he should do. Take the judges out of the equation and put them in their place all at once. Win win!
They are stupid to try this stunt in the first place. They cannot win and they will look foolish when he shows them how powerless they are to stop him.
It’s actually 12% but that doesn’t change the argument that this is not at all a Muslim ban. For 88% of the world’s Muslims it is business as usual with regard to visiting the US.
This isn't a matter of "going with Trump". It's a matter of going with the Congress, the Constitution and the rule of law. There's no way the SCOTUS can just blatantly ignore the law, the Constitution, and existing precedent.
USSC failing to uphold this EO would produce a Constitutional crisis, because it would be a de facto removal of the President's power to protect the national borders of this country.
This would be like the Supreme Court suddenly deciding that there's really no such thing as "Freedom of Speech". The Constitution, longstanding precedent, and U.S. Code speak very loudly and clearly on this issue, and there's no way for the USSC to ignore all that without creating a Constitutional crisis.
I've heard absolutely nothing approaching a coherent argument that this lawfully constructed and issued EO is unconstitutional.
Jeez guys, the 9th circuit isn't the USSC! There's no way the USSC can simply ignore a bedrock power which is explicitly delegated to the President and Congress.
Either the EO is upheld or this nation is instantly propelled into a serious Constitutional crisis.
I mean, the USSC obviously acted like a bunch of hacks with respect to the ridiculous ACA decision, but let's remember that at least they were ostensibly trying to avoid chaos in that case.
In this case, the USSC would be creating utter chaos out of thin air, and they'd be betraying the Constitution and the rule of law to boot, and clearly and unambiguously pushing the country towards civil war...
Agree or disagree, Trump’s decision is completely within the law as written by Congress. Courts should not make law, but they have assumed that power through edict. There is no separation of power when the courts control everything. The U.S. is effectively ruled over by a judicial ty—ranny. Congress has belittled itself to be little other than purse string monies and the executive branch has become just a mechanism to implement judicial dictates.
In reality it doesn’t matter what the court rules. The executive is a co-equal branch of government and does not have to abide by the unconstitutional power grab of the courts infringing on the presidents primary power.
I was astonished to hear the judges asking “do you have any evidence” of the risk to the US that is the basis for Trump’s order. First of all, wouldn’t any such evidence be classified information? And, secondly, wouldn’t a judge pressing the lawyer for such information constitute pressuring a government official to divulge classified, and possibly Top Secret information?
Well, the President could always just demand a grounding of all flights, or shoot everything out of the air.
This is retarded!
Yup. The questions I heard had no bearing on whether the President had the authority to execute his order. The Ninth Circus was more concerned about WHY he wanted to do it.
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