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Byron York: Justice Department demolishes case against Trump order
Washington Examiner ^ | February 5, 2017 | Byron York

Posted on 02/05/2017 8:11:52 PM PST by bobsunshine

James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried.

Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States.

Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Extended News; Government; News/Current Events
KEYWORDS: appeal; byronyork; doj; donaldtrump; eo; executiveorder; jamesrobart; judge; justice; justicedepartment; refugees; robart; spartansixdelta; spartansixdeltatrump; travelban; trump; trump7countryban
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To: Junk Silver

This has been our trouble since DAY 1. We allow these evil judges to destroy the Constitution and Rule of Law—that which they have taken an oath to defend. Even the SCOTUS 5 have mocked the Constitution, thrown out Right Reason and kicked out Natural Law theory and God’s Laws—that which is embedded in our Justice system. There are only Natural Rights form God and not the State. And irrational, vile behaviors can’t be promoted in a “Just” Law—period—that means sodomy or baby-killing or slavery (socialism/welfare).

We need to get the traitors, socialist, Marxists OFF the benches because they are committing treason and promoting vice and slavery (socialism) and throwing out “Right Reason” from Just Law. (That can’t happen in a Just Law).

They need to be thrown off the bench and disbarred.


21 posted on 02/05/2017 8:44:54 PM PST by savagesusie (When Law ceases to be Just, it ceases to be Law. (Thomas A./Founders/John Marshall)/Nuremberg)
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To: Nifster

They haven’t ruled yet. They denied an immediate stay meaning an immediate suspension of the Seattle judge’s order. They told the DOJ lawyers to come back and present tomorrow Monday. And the other side will have their say.


22 posted on 02/05/2017 9:01:25 PM PST by Hostage (Article V)
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To: bobsunshine

Likely doesn’t matter what’s in the DOJ or how good it is. These are judges that are willfully, blatantly ignoring and violating the law. And this is the notorious 9th Circuit.

I will be shocked if the 9th stays the order of the Seattle judge.


23 posted on 02/05/2017 9:03:23 PM PST by Hostage (Article V)
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To: bobsunshine
Byron York: Justice Department demolishes case against Trump order

Won't be demolished unless the 9th Circuit Court demolishes it. And given the makeup of that court, it's no sure thing.
24 posted on 02/05/2017 9:08:01 PM PST by AnotherUnixGeek
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To: HotHunt

Today’s filing is out there somewhere. I think I found the link on FR earlier.

I think the opposition has until 3am to present arguments, and then DOJ has until 6am to reply to those. Hearing is tomorrow.


25 posted on 02/05/2017 9:12:42 PM PST by DannyTN
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To: HotHunt

Today’s filing is out there somewhere. I think I found the link on FR earlier.

I think the opposition has until 3am to present arguments, and then DOJ has until 6am to reply to those. Hearing is tomorrow.


26 posted on 02/05/2017 9:12:45 PM PST by DannyTN
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To: Nifster
Was the Ninth Curcuit envanc when they upheld the judge’s ruling?

I think you meant, en banc, and no, they weren't. The denial of the emergency stay was done by two judges.

The 9th Circuit won't actually rule on judge Robert's restraining order until tomorrow.

27 posted on 02/05/2017 9:39:20 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: bobsunshine

Yes it is a slam dunk.

Is the 9th Circus be that dumb and reject it with some made up Libtard fantasy... we’ll see.


28 posted on 02/05/2017 9:58:40 PM PST by Red Steel
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To: fella; LucyT; darkwing104; onyx; faithhopecharity; Vaduz; mississippi red-neck; NormsRevenge; ...
Yes and that is mentioned in the brief by the Justice Dept according to what Byron York wrote in his article!

Great article!

29 posted on 02/05/2017 10:08:17 PM PST by Ernest_at_the_Beach ( Climate Change no longer mentioned on the White House website)
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To: bobsunshine

Easy to overturn. Just send all of the refugees admitted during the stay to Hollywood, Seattle, and Portland.


30 posted on 02/05/2017 10:30:52 PM PST by LOC1 (We HAVE a new President.)
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To: Ernest_at_the_Beach; null and void; aragorn; EnigmaticAnomaly; TWhiteBear; WildHighlander57; ...

Check out article and # 9 , # 29.

Thanks, Ernest_at_the_Beach.

31 posted on 02/05/2017 10:32:51 PM PST by LucyT
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To: scooby321

Robart us the same judge who is in charge of the Seattle Police cinsent decree and said “Black lives matter” in open court during a hearing last year.


32 posted on 02/05/2017 10:34:59 PM PST by TheErnFormerlyKnownAsBig (Repeal & replace Obamacare, tax reform, fix infrastructure, fixin military, Israel, kill enemies)
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To: Lysandru

There is just something about The Donald that makes some people lose their freakin’ minds and forget their social graces, lose their sense of fair play, and betray even their oaths of office. I can’t explain it— but I do observe it.


It is because what he stands for and is doing goes against the wishes of the forces of darkness in the world. Soros, for instance, is a very evil man doing the bidding of the forces of darkness which are Demonically controlled..


33 posted on 02/05/2017 10:39:01 PM PST by laplata ( Liberals/Progressives have diseased minds.)
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To: bobsunshine

“Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries”

This so called judge should resign or be impeached.


34 posted on 02/05/2017 10:40:51 PM PST by Helicondelta (Deplorable)
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To: Junk Silver
Impeach this so-called judge, and abolish the 9th circuit while we’re at it.

Just split it...form a new circuit...the Tenth.

35 posted on 02/05/2017 10:43:22 PM PST by spokeshave (In the Thatch Weave,..Trump's Wing Man is Truth)
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To: Sasparilla

“a 4/4 tie lets a wrong appeals court ruling stand”

Gorsuch will be there in a month. The libs better pray that there are no terrorist attacks between now and then.


36 posted on 02/05/2017 10:56:32 PM PST by Helicondelta (Deplorable)
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To: Helicondelta

It is a judicial coup against one of the enumerated powers of the President The agree, He should be removed


37 posted on 02/05/2017 11:07:55 PM PST by boxlunch (Pray for Donald Trump's safety, for his family and cabinet. Make America Good Again!)
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To: spokeshave
There already is a 10th Circuit. However, splitting up the 9th has been suggested for years as it is ridiculously oversized.


38 posted on 02/05/2017 11:09:13 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Hostage

The DOJ would have won easily if they had presented evidence of an immediate threat. I’m sure that the NSA sweeps up all kinds of threats every day.

This leads me to 2 possible scenarios: 1- Sabotage by Obama appointees within the DOJ 2- DOJ deliberately slowing things down to create drama and control the news cycle.


39 posted on 02/05/2017 11:27:32 PM PST by Helicondelta (Deplorable)
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To: bobsunshine
He may have been a conservative judge when Bush appointed him. But 5 minutes in Seattle twisted his mind to the dark side. Got to get invited to the right parties and be friends with the right people, now.

Ed

40 posted on 02/05/2017 11:57:36 PM PST by husky ed (FOX NEWS ALERT "Generalissimo Francisco Franco is still dead" THIS HAS BEEN A FOX NEWS ALERT)
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