Posted on 02/13/2017 6:18:07 AM PST by Pinkbell
Washington state's attorney general has promised to uncover "what truly motivated" President Donald Trump's executive order on immigration, an approach that could prompt a rare public examination of how a U.S. president makes national security decisions.
The presidential order imposed a temporary ban on travelers from seven predominantly Muslim countries, but a federal judge has barred enforcement of the order while the court considers a challenge brought by Washington state.
On Thursday, the U.S. Court of Appeals for the 9th Circuit left the judge’s ruling in place without deciding the ultimate merits of either side’s arguments.
In its decision, the 9th Circuit cited a previous case establishing that “circumstantial evidence of intent, including … statements by decision makers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.”
The Trump administration has argued that the ban is necessary to prevent potential terrorists from entering the country and is not discriminatory because the text of the order does not mention any particular religion.
Washington Attorney General Bob Ferguson signaled on Sunday that he will move aggressively to obtain written documents and emails authored by administration officials that might contain evidence the order was unconstitutionally biased against Muslims or Islam. He also said he would also move to depose administration officials.
Legal scholars say this could move the court into uncharted waters.
"The idea of looking at motive has never really been applied to the president," said John Yoo, a former Justice Department lawyer in the George W. Bush administration.
"It would represent a serious expansion of judicial oversight of what the president and the entire executive branch does," said Yoo, now a professor at the University of California at Berkeley School of Law.
(Excerpt) Read more at msn.com ...
And Obama restricted travel from the same countries. How come nobody sued and asked the court to look at his motives? This is a way to hamstring the executive in fulfilling its national security role!
It isn’t the governor’s business why the President does anything. He needs to sit down and shut up.
Its all about continuing the narrative regardless of its veracity. If the POTUS wants to halt anyone due to a potential threat he has the duty to do so.
Congress is hanging Trump out to dry, in the hopes that they will be rid of him soon.
It is not up to the court to probe a president’s intentions. Even this article admits it would be an expansion of judiciary actions. These judges need to be reigned in! They are not above congress and executive branches.
Folks, this is all good. Shine the light. What will be revealed is the Left’s intentions......................
Amazing how the Supreme Court can declare a tenet of Christianity - that homosexual sex is a sin - to be immoral and order that Christians must participate in homosexual same-sex weddings, and yet any desire to protect people from a religious ideology the tenets of which include killing people who become apostate, punishing those who ‘blaspheme’ their claimed prophet and subjugating unbelievers, is ruled a thought-crime.
Attorney general, not governor. Sorry.
I think we are all neck deep in black robed a-holes, just my opinion not being a lawyer just an ordinary flyover bumpkin
Another Orwellian concept comes to pass. The Thought Police.
No need. The governor and the AG are in lockstep on the issue.
Once we get to the other side of the Rubicon the shooting can start.
The maggots on the courts are investigators and probers now? I think they should stick to probing little boys. Sorry “court” boys. His “intent” is to keep Muzzies from murdering Americans.
Whenever the President finds [his reasoning can not be called in question - it is his decision] that the entry [he can’t remove those already here] of any aliens or of any class of aliens [that INCLUDES Green Card holders - they are still aliens] into the United States would be detrimental to the interests of the United States [he must simply be of the opinion that the continued entrance of the aliens is in some way harmful], he may by proclamation [he has the power to simply declare], and for such period as he shall deem necessary [for as long as he wants], suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants [again, only those not already here but include Green Card holders], or impose on the entry of aliens any restrictions he may deem to be appropriate [another absolute. it is his decision to make and there is no room for any questioning of it].
I continue to fail to understand why he did not simply ignore the court - they have no power to review and no one has standing to bring a case.
These judges through the Constitution out years ago.
Intent is not a judiciary negotiable point demonstrated in the actual law. NOT ANYWHERE. It’s not a negotiable point even for congress since the law FROM CONGRESS delegates 100% of this decision to the President,
The judges ask the question to establish the IMAGERY of an “I gotcha!” They know the lawyers and the executive branch cannot disclose classified information. When the lawyers refuse to answer the question of threat level or intent on that basis, the judges pronounce “see, I told you so that it was for racist purposes!” The judges should know they have no business asking that question as it is not a factor in the law’s text.
Bullsh*t. Those libs in WA state have already decided what they’re going to claim as to Trump’s “intent.” They’re not fooling anyone with actual operating brain cells.
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