Posted on 02/10/2017 7:22:06 AM PST by mandaladon
President Trump got to work early Friday picking apart a federal court’s decision not to reinstate his controversial travel ban, noting that the detailed 29-page order did not include one mention of the statute he claims gives him broad authority on immigration.
“A disgraceful decision!” Trump tweeted, while quoting an analyst who flagged the omission in a Lawfare blog post.
The writer, Brookings fellow and Lawfare editor-in-chief Benjamin Wittes, had noted the order skipped over a key part of the U.S. code on “inadmissible aliens” which Trump had publicly recited two days earlier in defense of his immigration restrictions.
The statute reads in part: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Wittes wrote that this statute speaks to one of two “big questions” on which the case will turn.
He said the statute indeed gives Trump “sweeping power” to restrict entry, writing: “Remarkably, in the entire opinion, the panel did not bother even to cite this statute, which forms the principal statutory basis for the executive order (see Sections 3(c), 5(c), and 5(d) of the order). That’s a pretty big omission over 29 pages, including several pages devoted to determining the government’s likelihood of success on the merits of the case.”
The Trump administration has pointed to that statute for days in defending the controversial move to suspend refugee admissions as well as travel and immigration from seven mostly Muslim countries.
(Excerpt) Read more at foxnews.com ...
I think the ninth circuit opinion does not go far enough. They need to appoint their own Presdent and legislature to make and enforce the law the right way.
Won’t fly. Separate branch of government. President has no say.
Like the Judiciary has no say on Presidential Powers granted by the Constitution and Affirmed by Legislation?? right.
ISSUE THE ORDER, Begin Arresting them and wait for it to wind it’s way through the court system, should take 5-7 years.
Issue a revised order... then judge shop so have the order affirmed in the DCA
Congress certainly should proceed with legislation to break up the ninth “circus court of appeals”. These uber lib turds have long been a poke in the eye to America. 86% reversal record is an absolute disgrace.
Post #5 - I like that idea, issue new EO specifically excluding visa holders and residents. Keep fighting at the lowest levels possible and wear them down by death by a thousand cuts, keep the argument in the public eye, it makes the public aware there’s a problem and the public will begin to identify lax security with the Democrats. Only go to Supreme Court after all other options tried. Also publicize how many Visa holders that Silicon Valley wants to bring in are from these Muslim terrorist countries, they’re making Amazon happy because Amazon is crowing with glee about the court’s decision, this is foreigners taking away jobs from Americans.
I have to believe he is quietly accomplishing his aims by other means. He doesn’t seem to be all that concerned about it. That’s why I feel like he knows what he’s going to do.
So let them call him stupid while he works behind the scenes to undermine their blockages.
That’s the reason to get elected president in the first place... because the office comes with all sorts of POWERS!!!!
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. (Italics emphasis added.)
Apparently the lawyer presenting the Trump case was an underling, all the more capable legal 'giants', Obama/Lynch hold-overs, conveniently were unavailable....these three judges should lose their jobs for playing politics with this...
FIBA has no jurisdiction.
“...any aliens or of any class of aliens...”
Wouldn’t that also include religious groups/cults, Muslims, etc.? They would be classes of aliens.
Why are libs, talking heads, judges, etc., so adamant that entry by Muslims can’t be suspended? Why not?
Is there any way to revoke student visas, work visas, permanent resident visas?
Perhaps monitoring visa holders without announcing it in the EO
this solidifies the LONG overdue splitting of the 9th.
I should be made into three new districts.
One just for the leftist California west. eastern California Arizona and Newmexico.
One for the rest.
Indeed. From his years in business it seems he acts quickly, adaptively, and on multiple fronts while not giving away his game plan to his opposition.
Reissue the order to stop ALL immigration and watch the left howl.
“Or ignore it completely...”
Yes. Have the White House / DOJ say, “We have two conflicting judicial opinions. We choose the opinion out of Boston.”
Why didn’t DJT do that? Did he want it to go to 9th Circuit having some greater goal in mind once it all shakes out?
Yep—that’s my choice, maybe with some sort of further vetting of them on the side somehow administratively if they were approved by Obama with sketchy vetting.
Yep—that’s my choice, maybe with some sort of further vetting of them on the side somehow administratively if they were approved by Obama with sketchy vetting.
Yep—that’s my choice, maybe with some sort of further vetting of them on the side somehow administratively if they were approved by Obama with sketchy vetting.
And whatever the next step is, make it so onerous that Warren and the other libtards heads explode. Get them saying stuff they can in no way defend four years from now. They simply don’t have the emotional intelligence to hold their tongue. More and more folks will realize their Democratic party has left them behind.
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