Trump should disregard clearly unconstitutional court orders

americanthinker.com ^ | 2/6/2017 | Ed Straker

[rktman]

The federal courts are making a power grab early in President Trump's term. Trump's executive order, a temporary entry ban from seven dangerous countries, was modest in scope and had ample precedent: Barack Obama had temporarily stopped immigration from Iraq, and Jimmy Carter from Iran. Historically, the president has been given a wide latitude when it comes to matters of national security, and the decision of whom to let into our country is clearly a national security matter.

And yet Judge James Robart made a radical move to reopen our borders to all these people from chaotic, ISIS-infested places like Iraq, Yemen, and Syria, potentially putting American lives in danger. President Trump is appealing, but it will take a while for the appeal to wind its way through the Ninth Circuit and probably the Supreme Court.

Judge Robart's reason is totally nonsensical: that the people of Washington state and Minnesota will suffer if people from Sudan and Yemen aren't allowed to enter the country. The exact opposite is true.

That's why President Trump should label this decision an illegitimate, unconstitutional power grab and disregard it. He can continue to appeal it but make it clear that he is not going to comply with the restraining order, even temporarily.

[rktman]

Kinda what I was thinking when the seattle based judge issued his misguided decree. The President is well within his authority to do what he did. I was hoping that he would tell CBP to continue doing as he stated in his temporary order and let itself work it's way up to the supreme court where we all know it will end up. But, until Gorsuch is confirmed we are looking at a possible 4 to 4 tie. It ain't like others in the government have failed to comply with court orders. Than again, the msm would be blaring out the hitler like stance he would be taking.

[HarleyLady27]

Fire all of them, that’s what Bill Clinton did, and replaced them with ‘his brand of Justice’ ... so President Trump, you have a lot to pick from, start picking and firing!!!

We are with you 100%!!!

[VermithraxPejorative]

Obama disregarded judge decisions and that was when he was blatantly disregarding our immigration laws and going after states that were! I don’t get why Trump hasn’t disregarded this.

[Former Proud Canadian]

There are several things the president can do. For example he can reissue his EO, worded slightly differently, include more countries, cite national security.

I remember in September, 2001 when ALL the borders and ALL the airports were closed for days. I don't remember the EO that covered that one, it just happened.

I believe the legal atmosphere will change drastically after Sessions becomes AG.

[Terry Mross]

It’s a huge gamble. What if HS and ICE decided to side with judge? Then what? The only people he can depend on are those he hired or appointed. And I’m not sure about all of them.

[mbarker12474]

How many divisions does a judge from Seattle have?

[Blood of Tyrants]

“Judge Robart’s reason is totally nonsensical: that the people of Washington state and Minnesota will suffer if people from Sudan and Yemen aren’t allowed to enter the country.”

If the law and Constitution don’t fit, liberal judges will just make up something.

[Timpanagos1]

President Trump can fire all DHS Agents that abide by Robart’s order and place civilians or military in their positions that will take directions from their Commander in Chief and not any court that President Trump disagrees with.

President Trump can also pull the FAA licenses of all airlines and all pilots that transport people from those select nations into the United States.

President Trump can also ban all foreign airlines from flying into they United States.

President Trump can also pull the federal contracts of the companies that have expressed opposition to his immigration or other policies.

[apocalypto]

President Trump should disregard this crazy order. It deals with national security about which this anti-American judge has no inside information. How far can judges go to make unlawful rules?

[gibsonguy]

After this stunt it’s pretty obvious they are going to use the courts to slow or block EVERYTHING. The fence, the pipelines, tax reform the works. Even when the SC is “theoretically” back to 5-4 they will drag everything through the 9th and impede and disrupt as much as possible. So unless he wants to go through this crap every time he needs to find a way around it. He never should have played this appeal game it’s exactly what they wanted.

[Timpanagos1]

“What if HS and ICE decided to side with judge? Then what? The only people he can depend on are those he hired or appointed.”.

The president can fire them and replace all who work at ports of entry with federal troops. Federal troops that would abide by the president’s orders

[Mr. Douglas]

Wouldn’t it be precious if this is Trump giving the 9th enough rope to hang itself - or use the 9th to slap down future suits when they kill this one?

It could go either way, but I’ve noticed in situations like this one that trump is almost always a few steps ahead of everyone.

[Windflier]

"President Trump should label this decision an illegitimate, unconstitutional power grab and disregard it. He can continue to appeal it but make it clear that he is not going to comply with the restraining order, even temporarily."

I've been making that same point for days.

Judge Robart pulled his ruling staight out of his a**, and should have been ignored by the President, who is on rock solid footing, per federal law and the Constitution.

Going the appeal route only legitimized the judge's illegal ruling. In essence, this lowly judge is now in charge of the executive branch of the federal government.

[RoosterRedux]

Trump has the best legal and political counsel in the county in Jeff Sessions and I am sure he is following Jeff’s advice.

[TalBlack]

is impeachment by the Congress, and that will never happen.

Read more: http://www.americanthinker.com/blog/2017/02/trump_should_disregard_clearly_unconstitutional_court_orders.html#ixzz4Xvx8dKpt
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Ed Stryker is a naif. The unity party WILL impeach Trump at the first opportunity. Before 2 years have passed it will be in motion. What other choice do they have?

[Windflier]

What if HS and ICE decided to side with judge?

You didn't hear? DHS stood down immediately, and began obeying the judge instead of their Commander In Chief.

[Buttons12]

After this stunt it’s pretty obvious they are going to use the courts to slow or block EVERYTHING.

And POTUS can either be Jeb to their Judge Greer, or they'll happily begin impeachment proceedings every time. If it were me in the Oval Office, I'd go with the latter.

[Terry Mross]

That’s exactly what I mean. If he ignores the court then the agencies say “Screw you”, he’s pretty well stopped in his tracks until he can get troops moved in. And no one knows how that would work out.

[vette6387]

“Yup. She should see herself on film. She’d maybe realize she’s as dumb as the guy predicting Guam would capsize.”

Sorry HarleyLady27, but Clinton fired all the U.S. ATTORNEYS. Trump can or has already done some of that. He cannot dismiss Federal Judges however. But Congress can impeach and remove them.

[txhurl]

The Left has fallen for every one of his traps so far... I agree.

The most important thing right now is solidifying crossover Dems against the RATS. Public sentiment needs to demand that the Left back off, and every senator up in ‘18 needs to be nailed to the wall NOW for supporting this ‘judges’ order and their upcoming attempted assassination of Sessions.