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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: MayflowerMadam
Remember Harriet Miers? Good discernment wasn’t Bush’s strong suit.Remember Iraq? That man's poor judgment has destroyed the Republic. It is largely because of Iraq that we got Obama.
61 posted on 02/06/2017 5:27:13 AM PST by AndyJackson
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To: MayflowerMadam
Remember Harriet Miers? Good discernment wasn’t Bush’s strong suit.

Remember Iraq? That man's poor judgment has destroyed the Republic. It is largely because of Iraq that we got Obama.

62 posted on 02/06/2017 5:27:39 AM PST by AndyJackson
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To: bobsunshine

I just can’t imagine how it’s possible for each state to have its own immigration policy. What a mess that would be.


63 posted on 02/06/2017 5:29:24 AM PST by Magnatron
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To: Sasparilla

Justice Ruth Bader Ginsburg must recuse herself from any decision involving the Trump administration. She should be recused by force by CJSCOTUS.


64 posted on 02/06/2017 5:34:02 AM PST by Fhios
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To: budj

Absolutely! Violates not only the judge’s oath of office ant the constitutional authority of the president under Article II, but also the liberals’ precious “established case law” precedent.

Impeach the sonofabitch!


65 posted on 02/06/2017 5:52:18 AM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: Spktyr

Federal District Courts bump for later....


66 posted on 02/06/2017 6:03:18 AM PST by indthkr
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To: Spktyr

Federal District Courts bump for later....


67 posted on 02/06/2017 6:03:18 AM PST by indthkr
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To: jazzlite
(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.)
68 posted on 02/06/2017 6:04:05 AM PST by yoe
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To: bobsunshine
So tell me is DHS stopping all VISA and Green card holders from entering the US from these 7 countries?

That is what is important not some damn DOJ Brief.

What is important that President Trump told DHS and the DOJ to follow his order and stop these Countries from sending their people into our country.

Plain and simple

69 posted on 02/06/2017 6:04:12 AM PST by eartick (Been to the line in the sand and liked it, but ready to go again)
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To: laplata

He’s a white blue eyed blonde haired successful male. That’s all they need to know.


70 posted on 02/06/2017 6:05:05 AM PST by lilypad
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To: Junk Silver

The first step going forward on presidential actions, as much as possible, is going to be for the Trump administration to get temporary injunctions in place to prevent future temporary injunctions like Judge Robart did in this Case.


71 posted on 02/06/2017 6:07:52 AM PST by Degaston
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To: husky ed

I have seen numerous discussions stating Patty Murray (D-WA) basically forced GW to appoint him, based on the “play nice” rule of getting the senators from a state to agree before hand. Robart was never conservative.


72 posted on 02/06/2017 6:08:18 AM PST by MortMan (The white board is a remarkable invention. Chalk one up for creativity!)
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To: LOC1

Please add Nancy Pelosi’s district.

Gay Frisco and elite super white and liberal Marin county.


73 posted on 02/06/2017 7:23:56 AM PST by Grampa Dave (Boycott 84 Lumber and any company that slams Trump and his voters, us!)
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To: AndyJackson

Remember Iraq? That man’s poor judgment has destroyed the Republic. It is largely because of Iraq that we got Obama.

Obama’s lasting legacy to America, the election of President Trump.


74 posted on 02/06/2017 7:26:41 AM PST by Grampa Dave (Boycott 84 Lumber and any company that slams Trump and his voters, us!)
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To: bobsunshine

Rudy Guiliani crafted the immigration ban so you can count on it being well within the purview of the constitution.


75 posted on 02/06/2017 7:45:40 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Spktyr

Bookmark


76 posted on 02/06/2017 8:00:34 AM PST by Irish Eyes
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To: Ancesthntr

Soros is Evil.


77 posted on 02/06/2017 8:04:37 AM PST by laplata ( Liberals/Progressives have diseased minds.)
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To: lilypad

Good point.


78 posted on 02/06/2017 8:07:15 AM PST by laplata ( Liberals/Progressives have diseased minds.)
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To: Georgia Girl 2

I agree. And they even used the countries that Obama specifically noted as terrorist breeding countries.


79 posted on 02/06/2017 8:38:19 AM PST by Sacajaweau
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To: budj

A clearly demonstrated lack of judgement-—or extreme partisanship-—in either case not worthy of sitting on the bench. Clear standing for a call to impeach!


80 posted on 02/06/2017 8:51:42 AM PST by Ozark Tom
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