Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-83 next last
To: Spktyr

The 8th and 10th seem to be quite underpopulated, with respect to some others. What were the criteria for creating these circuits?


41 posted on 02/05/2017 11:59:29 PM PST by rfp1234 (DinosorosExtinction)
[ Post Reply | Private Reply | To 38 | View Replies]

To: rfp1234

http://www.fjc.gov/history/home.nsf/page/courts_of_appeals.html


42 posted on 02/06/2017 12:02:26 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 41 | View Replies]

To: Junk Silver
Obama’s only enduring legacy seems to be that America has forgotten what the rule of law is. Our government is now filled with people who think they can pick and choose which laws to obey and enforce, or just make up new ones as they go along.

true and BTW Obama defied three federal courts. The media of course paid no attention.

43 posted on 02/06/2017 12:21:11 AM PST by Cubs Fan (Did we riot when they won? No, because we are way better human beings than they are.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: All

these are democrat judges. it doesn’t matter how much law is on the side of the American people, they hate the country so they will decide against the will of the people.


44 posted on 02/06/2017 1:38:25 AM PST by newnhdad (Our new motto: USA, it was fun while it lasted.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: husky ed

You forgot the money, Ed


45 posted on 02/06/2017 1:41:46 AM PST by onona (Keeping the faith will be our new directive for the republic !)
[ Post Reply | Private Reply | To 40 | View Replies]

To: husky ed; 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.”


Well, there are people doing research on him who are discovering that he has a similar interest as a lot of people who were identified in the Podesta email leaks: an affinity for associating with children issues. I’m not suggesting anything, mind you, but it’ll be worth watching what else they find about his background, hobbies, interests, business connections, and professional associations. His legal actions are so outlandish, it’s almost as if someone is calling in a favor on him. Or threatening him.

-Former President and Trustee, Seattle Children’s Home

-Former Co-Chair, Second Century Society, Children’s Home Society of Washington

-Former Member, State Advisory Board and Former Trustee, Children’s Home Society of Washington

http://www.wawd.uscourts.gov/judges/robart-bio


46 posted on 02/06/2017 2:05:13 AM PST by Nita Nupress (To Wash DC: America is coming. And we're bringing Galt-Right Donald J. Trump with us.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: onona

I meant to flag you on my last one.


47 posted on 02/06/2017 2:06:54 AM PST by Nita Nupress (To Wash DC: America is coming. And we're bringing Galt-Right Donald J. Trump with us.)
[ Post Reply | Private Reply | To 46 | View Replies]

To: bobsunshine

Index


48 posted on 02/06/2017 2:34:04 AM PST by Oz8509338511 (2 Chron. 7:14)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Trumpisourlastchance

...”We do not want military coups in this nation and we sure as hell do not want judicial coups. This “judge” needs to be removed.”...

And, both are being attempted right now. Decent and smart people had better rise up in public support for our President and our freedom so that these who want tyranny will not win. Washington State so I have heard, is very Communistic.


49 posted on 02/06/2017 3:19:36 AM PST by jazzlite (esat)
[ Post Reply | Private Reply | To 12 | View Replies]

To: budj

...”I agree completely; any judge who oversteps his authority like this should be removed from office.”...

Most definitely, YES! There MUST be consequences for this kind of judicial malpractice.


50 posted on 02/06/2017 3:21:23 AM PST by jazzlite (esat)
[ Post Reply | Private Reply | To 14 | View Replies]

To: TheErnFormerlyKnownAsBig

...”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.”...

It is good to know what kind of person is occupying the high places and who is working against a large portion of our citizens.


51 posted on 02/06/2017 3:23:02 AM PST by jazzlite (esat)
[ Post Reply | Private Reply | To 32 | View Replies]

To: bobsunshine

The real question is, how many killers got into the United States while this guy was being a leftist prima dona?


52 posted on 02/06/2017 3:33:38 AM PST by grobdriver (Where is Wilson Blair when you need him?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TheErnFormerlyKnownAsBig

It’s not just that he said “BLM” but that he cited the imbecilic comparison of % of police shootings of blacks with lower % of blacks in the general population.... without even noting that the % of HOMICIDES committed by blacks is HIGHER than the % of police shootings.

i.e., they are NOT being shot by police at a higher rate than their participation in deadly crimes, but actually at a LOWER rate. The judge is an idiot, like all libtards. Doesn’t matter that he was appointed by GW Bush, who turned out to be a real weakling.


53 posted on 02/06/2017 3:48:18 AM PST by Enchante (Hoping the Clintonistas are gone from our public life forever!!)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Junk Silver
Only about 30% of the judiciary, 3 of the 8 justices on the Supreme Court, 45% of the House and 40% of the Senate actually believe in or care about the United States Constitution.

(And if you think those two branches are scary, imagine how bad it is in the bureaucracy and upper-level military ranks.)

Impeachment? We need serious attrition first.

54 posted on 02/06/2017 3:54:49 AM PST by cmj328 (We live here.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: husky ed

“He may have been a conservative judge when Bush appointed him.”

Not necessarily. Remember Harriet Miers? Good discernment wasn’t Bush’s strong suit.

And I’m flippin’ tired of the Dems shouting that Robarts was “a Bush appointee” every time they open their mouths. Like children.


55 posted on 02/06/2017 4:08:23 AM PST by MayflowerMadam (If you think the party that freed the slaves are the racist ones, you probably are a liberal.)
[ Post Reply | Private Reply | To 40 | View Replies]

Comment #56 Removed by Moderator

Comment #57 Removed by Moderator

To: laplata

Listen, I despise Soros at least as much as any other patriotic citizen who’s family found refuge, peace and reasonable prosperity here. But there are no demons - Soros chose his path all by himself, long ago.


58 posted on 02/06/2017 4:25:41 AM PST by Ancesthntr ("The right to buy weapons the right to be free." A. E. van Vogt)
[ Post Reply | Private Reply | To 33 | View Replies]

To: bobsunshine

Washington State argued that it has an interest, as a state, in stopping the Trump order because “immigration is an important economic driver in Washington.”

The State of Washington’s economic stability has a higher priority than national security??????


59 posted on 02/06/2017 4:58:51 AM PST by fivecatsandadog (WE WON. GET OVER IT.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cubs Fan
Obama’s only enduring legacy seems to be that America has forgotten what the rule of law is.

That started with Clinton. Then we had all of Bush's disastrous appointments, including the present instance.

60 posted on 02/06/2017 5:25:10 AM PST by AndyJackson
[ Post Reply | Private Reply | To 43 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-83 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson