Posted on 02/05/2017 12:58:56 AM PST by Steelfish
Appeals Court Denies Justice Department's Motion to Lift Travel Ban Restraining Order By DEAN SCHABNER DAVID CAPLAN Feb 5, 2017 The U.S. Court of Appeals for the 9th Circuit announced early Sunday morning that it has denied the Department of Justice's emergency motion -- filed late Saturday -- to issue an immediate stay on a Washington State judge's temporary restraining order of President Donald Trump's controversial travel ban.
"The court has received appellants' emergency motion (Docket Entry No. 14)," read the order from the appeals court. "Appellants' request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied."
Lawyers from Washington State and Minnesota, who brought the challenge to court in Seattle, have until Sunday at 11:59 p.m. Pacific Time to file a response to the Department of Justice's request. The Justice Department then has until Monday 3 p.m. Pacific Time to file a reply brief.
Lawyers for the Department of Justice argued in the filing that the restraining order is "vastly overboard," and it "second-guesses" the commander in chief.
(Excerpt) Read more at abcnews.go.com ...
Except, they're not. It's been widely reported that DHS has stood down, and are obeying the Seattle judge instead of their Commander In Chief - who has the law and the Constitution on his side.
Absolutely on point! DOJ must take it to SC where Justice Kennedy has jurisdiction and have him issue a temporary stay.
My crystal ball tells me that was the President's gut instinct response, but his advisors counseled him to cool his jets and take it to the courts.
Bad move. He cannot win in the courts, as currently configured. In essence, the Seattle judge is now in charge of the executive branch of the federal government.
The President could have accomplished the same thing without the EO. The whole purpose of the EO was to push it into the public eye. I can say with 100% certainty that Trump did do all he did to get to the White House, only to beg permission from a simpering sh!tbag in a black robe.
The upside opf thngs today is that the tar is synthetic and can be applied without heating it, so the tar and feathering unit can be much more mobile.
Point me at a judge, we can have him slapped and wrapped in 5 minutes.
What did the Seattle judge tell them to do?
We need Sessions confirmed, and then the AG’s patriotic palidins will put the judiciary in line.
he also has career civil servants in the cabinet departments
who cannot be fired slow walking Trump’s policy decisions and resisting quietly. They have Civil Service status so
barring criminal behavior they can only be given different jobs such as Regional Assistant Supervisor for making sure that plants don’t talk, or some such thing.
Maybe that's why Trump took this route. It's as if, "Okay, you want to play hardball, lets fight this all the way to the Supreme Court. I want to teach you commie judicial judges who's boss right off the bat. I'm not putting up with this crap for eight years."
Said no one, but Alberta's Child.
Forgive me, but I think I'll listen to the President on this one. He clearly stated that he issued this EO to protect the American people.
They don’t call it the “9th Circus” for nothing.
This discussion reminds me of all the hand-wringing and bawling on the FR threads about the Wisconsin, Michigan and Pennsylvania recounts after the 2016 election. It's a miracle that the George Soros plan to overturn the election didn't work.
and that’s why Sessions and the other key Cabinets should have been confirmed and installed before Trump pulled the trigger on this action.
What a difference it might have made for the President to wait a few more weeks to launch this one*** - directing the State Department, AG, CIA and DHS to assure both the President and the Congress - in light of upcoming escalating military ops vs ISIS - that vetting of immigrants from terrorist sponsoring nations identified in Obama EO _____ was adequate
And if those agencies could not unanimously assure that an adequate immigrant visa anti-terrorist vetting system was in place, then issue a recommendation for a temp immigration delay not for 90 days- but until such assurance would be issued
Put the Cabinet, the CIA and the Congress on the hot seat for the national security aspect
instead of being the Lone Ranger and letting Bannon (or whoever) urge him to crank out these EO’s as if issuing EO’s was a blood sport
***unless there is some compelling threat no one has been briefed about including Congress
Well this is very different. The left has been shut out of power in 2 branches of government and plans to attempt to rule legislatively from the judicial branch. This is a total abuse of power. Immigration law that is governing the entry of foreign nationals and non citizens is not the judicial branches job! The judges in this case are not privy to any intelligence information and therefore it is not practical or safe for that matter to allow them to be in charge of making decisions that directly affect our national security. What’s next? Weighing the constitutionality of our foreign policy?
Now you're just arguing for argument's sake. Your question is moot in light of the obvious.
In your haste to answer my post you forgot to answer my post.
Let me guess. These 'internal discussions' we're leaked by 'administration officials in the know', and 'unnamed sources on the condition of anonymity'.
I'd like to see the source for these 'discussions'.
Ask stupid questions, get stupid replies.
I understand the frustration, but that being said, within our Country we have to abide by the rule of law. This Judge did in fact only rule on 4 provisions of the law, basically the travel ban. The VISA and other programs remain (setting up vetting, etc.). What the DOJ is hoping to do is overturn this Judge, then maybe the Judge might be impeached. Who knows. But not doing anything is foolish as it will light a fire storm. If the Appeals court upholds the lower court, next battle is SC.
Don’t forget, if this fails all FUTURE presidents will not be allowed to Ban anyone from any country. It’s a mess, but hopefully cooler heads will prevail. If the Judge’s ruling is allowed, Trump will just have stricter vetting for getting a VISA. Then if someone enters without one from any country, that would be illegal.
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