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 ...
Yes likely new EOs with exceptions, and also likely several making it for each foreign state. Cite the law US Code 8, 1182 directly in each Executive Order or orders.
I’ve noticed some people here are acting like pussies that Trump does not have this power when he clearly does.
And even then you can get Roberts
Yes the decision hamstrings the President, which will be especially risky in time of war. The logical consequences of their decision is completely out of whack with how our foreign policies have been done in the last 200 years.
It's a President Donald J. Trump signature mode
Ahead of schedule, under budget...and unpredictable.
If this is played right, Trump could get three judges into the SCOTUS within his first term. Then Roberts’s uncertainty is irrelevant.
“Issue new EO specifically excluding authorized visa holders and residents.”
This should work, we can still scrutinize them when they come and go to make sure they don’t have terrorist ties and that they are 100% legal visa holders.
This would also defang the companies that have H1B employees that are valid visa holders and travel home to visit or on business. Its really how they should have done it in the first place because it gave the liberals too much ammo to fight back.
“Irreparable harm” is BS to the state.
Inconveniences for alien individuals maybe who are outside of the US and have no rights to enter the US.
But that hasn’t happened yet....plus you never know how these judges change once they get to DC
If it goes to SCOTUS, what happens if Trump is overruled? Do we now have defacto everyone on earth has dual American citizenship? Because that is what this looks like! This is how the left got gay marriage through. One bullshit case and they struck down multiple state constitutions and religious freedom nationwide. Now it is settled law written in stone for 10,000 years just like abortion and 10 other things.
This is how the left operates, they know that the judicial branch is the secret backdoor into altering the constitution. They can’t amend it through the normal channels, they have to do it by judicial fiat and they have been massively successful. Look at all the cases that we got screwed on even when Scalia was alive! Trump was too hasty with this action and he gave them a gift, a slow hanging pitch that they hit out of the park. SCOTUS is a political entity, never ever bet on SCOTUS doing the right thing.
Interesting Twitter feed - https://twitter.com/RoguePOTUSStaff
Purports to be from rogue staff inside the White House. Take a Network Engineer a few minutes to figure out who it is, which makes it doubtful it is what it says it is.
There is risk, what if it isn’t 5-3? What amendment would they succeed in adding the the constitution if Trump loses in the SCOTUS?
So with this order by the libtards justices with the full support of the democratic party, 100% ensures that the next terrorist attack on US soil, should it occur anytime in the next few years - they own it 100%.
He will be able to campaign in 2018 (and 2020), that he tried to stop it and the liberal judges and democrats stopped it cold.
Stop issuing visas today. No L1s or H1s period.
Stop issuing visas today. No L1s or H1s period.
Until the VAST Majority of American people come to their senses and support Trump’s common sense ban this country is in deep trouble
Orville Redenbacher says we are good to go.
Let's roll.
Liberal Judiciary 101.
Don’t like a Law, ignore it.
If that doesn’t work, rewrite it.
If that doesn’t work, write a new Law.
Who needs a Legislative or an Executive Branch?
“Ahead of schedule, under budget...and unpredictable.”
(Big Smile!)
Well Guam could tip over too. :-). But seriously Trump can issue a new EO and/or just ramp up the vetting requirements so nobody complies. He could also wait til Gorsuch is seated and then put another travel ban in place, wait for some libtard Dist judge to put a stay on it and then go to the Supremes. He has a lot of ways to go.
Personally I think this 9th circuit decision is so weak that even one or two libtards Supremes will vote to strike it down. So I would not waste time going back to the Dist court.
Whoever is advising him to work this out through this court should be fired for causing irreparable damage to the Presidents future immigration enforcement plan. JMTCW
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