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Trump seizes on omission in court's travel ban ruling, plots next move
Fox News ^ | 10 Feb 2017 | Judson Berger

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 ...


TOPICS: Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: 9thcircuit; immigration; refugees; travelban; trump
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To: TexasGator

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.


61 posted on 02/10/2017 8:33:32 AM PST by Red Steel
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To: pfflier

And even then you can get Roberts


62 posted on 02/10/2017 8:34:01 AM PST by Nifster (I see puppy dogs in the clouds)
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To: mtrott

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.


63 posted on 02/10/2017 8:34:35 AM PST by CottonBall (Thank you, Julian)
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To: CottonBall
Just like the ICE raids that are quietly escalating all over. He’s put the wheels in motion without announcing it

It's a President Donald J. Trump signature mode

Ahead of schedule, under budget...and unpredictable.

64 posted on 02/10/2017 8:36:31 AM PST by spokeshave (In the Thatch Weave,..Trump's Wing Man is Truth)
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To: Nifster

If this is played right, Trump could get three judges into the SCOTUS within his first term. Then Roberts’s uncertainty is irrelevant.


65 posted on 02/10/2017 8:37:20 AM PST by pfflier
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To: TexasGator

“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.


66 posted on 02/10/2017 8:39:19 AM PST by bigtoona (Make America Great Again! America First!)
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To: Political Junkie Too

“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.


67 posted on 02/10/2017 8:42:03 AM PST by Red Steel
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To: pfflier

But that hasn’t happened yet....plus you never know how these judges change once they get to DC


68 posted on 02/10/2017 8:43:24 AM PST by Nifster (I see puppy dogs in the clouds)
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To: bigbob

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.


69 posted on 02/10/2017 8:46:11 AM PST by bigtoona (Make America Great Again! America First!)
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To: mandaladon

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.


70 posted on 02/10/2017 8:47:12 AM PST by IamConservative (Hillary walks while 100's of teens get prosecuted for mishandling Miley Cyrus MP3's..)
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To: Georgia Girl 2

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?


71 posted on 02/10/2017 8:49:22 AM PST by bigtoona (Make America Great Again! America First!)
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To: mandaladon

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.


72 posted on 02/10/2017 8:55:40 AM PST by ISTHISONETAKEN
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To: Ciexyz

Stop issuing visas today. No L1s or H1s period.


73 posted on 02/10/2017 9:07:32 AM PST by wiley (John 16:33: "In the world you have tribulation, but take courage; I have overcome the world.")
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To: Ciexyz

Stop issuing visas today. No L1s or H1s period.


74 posted on 02/10/2017 9:07:39 AM PST by wiley (John 16:33: "In the world you have tribulation, but take courage; I have overcome the world.")
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To: mandaladon

Until the VAST Majority of American people come to their senses and support Trump’s common sense ban this country is in deep trouble


75 posted on 02/10/2017 9:39:28 AM PST by uncbob
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To: bk1000
Trump could stop ALL immigration. I don’t know if there is enough popcorn for that.

Orville Redenbacher says we are good to go.

Let's roll.

76 posted on 02/10/2017 9:58:33 AM PST by exit82 (LOL!!)
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To: mandaladon

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?


77 posted on 02/10/2017 10:04:50 AM PST by Kickass Conservative (The Cubs, President Trump and the Patriots, all that in just the past four Months.)
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To: spokeshave

“Ahead of schedule, under budget...and unpredictable.”

(Big Smile!)


78 posted on 02/10/2017 10:06:13 AM PST by CottonBall (Thank you, Julian)
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To: bigtoona

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.


79 posted on 02/10/2017 10:36:50 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: mandaladon
This acquiescence to a clearly deluded district judge will do untold damage to the Trump Presidency. The no response, response will do irreparable harm to his agenda. He should have came on TV last night read the current law, stated since the decision ignored it current law, I will ignore their decision. I will direct the relevant agencies to therefore enforce the Executive Order I issued because it is my job to enforce current law, not some judges opinion of what the law should have been. The 9th Circuit is free to seek relief by asking the Supreme Court, to enforce their stay.

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

80 posted on 02/10/2017 11:31:50 AM PST by itsahoot (Return the power to the people, and Mexico will pay for the wall, 100%)
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