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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: bigbob
I think SCOTUS is the right route because it will set the legal precedent for future EOs of a similar nature.

That is a mistake, it will be six months or more before they get a Judge approved and by that time they can have the whole Syrian Army here. Besides this in not a court issue, just restrict all entries until those foul judges change their opinion. Trump was elected to fight this kind of Cr@p, not placate the do nothing DC establishment.

81 posted on 02/10/2017 11:35:53 AM PST by itsahoot (Return the power to the people, and Mexico will pay for the wall, 100%)
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To: MayflowerMadam
so adamant that entry by Muslims can’t be suspended? Why not?

Ever hear of Oil Money?

82 posted on 02/10/2017 11:41:22 AM PST by itsahoot (Return the power to the people, and Mexico will pay for the wall, 100%)
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To: grumpygresh
The Democrats now assume complete responsibility for any future Islamic terror attack.

That is useless rhetoric. Janet Reno assumed full responsibility for Waco. Can you tell me what the cost was to her? Absolutely nothing.

While Trump deferred to those leftist thugs, his new Secretary of State's department has allowed hundreds of Syrians to enter and they were not vetted by us but rather the UN vetted them.

Bad stain on his administration in my opinion and even worse his own party now sees him as vulnerable.

83 posted on 02/10/2017 11:51:05 AM PST by itsahoot (Return the power to the people, and Mexico will pay for the wall, 100%)
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To: itsahoot

Muslim oil money will become superfluous once we become energy independent, which can easily be accomplished after Trump gives the go ahead to start the program. There are still too many jobless in the USA. All of them will benefit from the national energy independence program. Put people back to work and they won’t have time to protest any of Trump’s EOs. There are still too many in our country to whom employment is more precious than life, itself.


84 posted on 02/10/2017 11:54:18 AM PST by 353FMG (AMERICA FIRST.)
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To: 353FMG
Muslim oil money will become superfluous once we become energy independent We can become oil independent but that won't make the Arab oil money any less attractive to the corrupt politicians we currently have.
85 posted on 02/10/2017 12:40:58 PM PST by itsahoot (Return the power to the people, and Mexico will pay for the wall, 100%)
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To: Georgia Girl 2

I may be acting a little too cautious, I agree it is an amazingly weak case for sure. I just feel like Charlie brown with the football when it comes to the supreme court.


86 posted on 02/10/2017 1:02:20 PM PST by bigtoona (Make America Great Again! America First!)
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To: Nifster

We certainly learned that with Earl Warren.


87 posted on 02/12/2017 3:28:46 PM PST by pfflier
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To: pfflier

Indeed we fid


88 posted on 02/12/2017 4:02:47 PM PST by Nifster (I see puppy dogs in the clouds)
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