Seattle judge halts Trump immigration stay

Just when you thought the US was beginning to turn and refrain from insisting upon self-implosion, in comes a federal judge to disabuse you of the notion.

From the WSJ.com:

Seattle Judge Used Broad Power to Halt Executive Order

by Ashby Jones and Jacob Gershman

Federal judges don’t often issue nationwide orders, but they have the power to do so

As a U.S. District Judge in Seattle, Judge James L. Robart typically handles federal cases affecting businesses and individuals in the western half of Washington state, an area roughly bordered by the Pacific Ocean in the west and the Cascade Range in the east.

But on Friday, Judge Robart expanded his reach, ordering a halt to President Donald Trump’s recent executive order on immigration and refugees. A federal appeals court early Sunday rejected a request from the Justice Department to immediately reinstate the order, asking for more court filings before it rules on the matter.

The district court ruling applies to the entire country. That makes it broader in scope than others that preceded in recent days. Orders issued in Brooklyn, Alexandria, Va., Boston and elsewhere were mostly “picking apart pieces of the executive order,” said Adam Winkler, a constitutional-law expert at the University of California, Los Angeles. Judge Robart’s order halts the Trump directive in its entirety.

Federal judges don’t often issue nationwide orders, but they have the power to do so, legal experts said.

A significant portion of the Bush-appointed federal judge’s ruling (Washington v. Trump, 2:17-cv-141) revolved around uniformity.

This emphasis on uniformity was key to Judge Robart’s order. He acknowledged the Trump Administration’s argument that any restraining order should be limited to the two plaintiff states — Washington and Minnesota. But Judge Robart rejected the request, concluding that a “partial implementation would undermine the constitutional imperative of a uniform Rule of Naturalization, and Congress’s instruction that the immigration laws of the United States should be enforced vigorously and uniformly.”

Lest we become unhinged like Leftists, let us also recall this.

Judge Robart borrowed language from Brownsville, Texas-based U.S. District Judge Andrew Hanen, who in 2015 issued a nationwide injunction blocking the implementation of Obama administration policies that granted some protection to children of illegal immigrants.

In another high-profile nationwide order, a federal judge in Los Angeles in 2010 issued a nationwide injunction against the “don’t ask, don’t tell” policy, which banned openly gay men and women from serving in the military.

However, the opinion does tend to confirm what most of us already suspected: federal courts and judges damned near have absolute and imperial power. There is also another problem with “uniformity rulings.”

Nationwide injunctions have been criticized by legal scholars, who say they can encourage judge-shopping, and imbue a single litigant with outsize power.

“The idea is that you pick a judge who’s friendly, go to court, and stop a big government program before there’s been a trial, or before the judge even has an evidentiary record,” said Mr. Winkler.

Further:

Such orders can raise other complications, too. Other districts are free to make and implement their own nationwide orders, which might conflict with those already on the books.

Partly for that reason, nationwide orders are sometimes put on temporary hold by appeals courts, to stave off uncertainty that might otherwise ensue.

So what were the “interests” considered by Judge Robart in Washington? From ZeroHedge.com:

The DOJ appeal faces an uphill battle: “The Washington suit is so much more broad than anything else we’ve seen because it goes into the economic interests of the parties — that’s a very big development,” Hoffman said of a likely appeal by the federal government. “Appeals of temporary orders occur only in very, very extraordinary measures. I doubt it would be successful.” The reason why Robart was so quick with his decision is because he had the support of some of America’s largest tech companies.

Washington Attorney General Bob Ferguson said the effects on his state included economic consequences for employers based there, including Microsoft Corp., Starbucks Corp. and Amazon.com Inc. Bellevue, Washington-based Expedia Inc. had about 1,000 customers with flight reservations in or out of the U.S. from the seven countries, he said.  Meanwhile, DOJ lawyer Michelle Bennett, arguing at Friday’s hearing, said the president was acting within the authority granted him by Congress and there was no financial harm to the states. The judge disagreed.

Ponder that for a moment. The judge considered that, because tech companies cannot find a sufficient number of propeller-heads in the United States, they were potentially subject to harm. That is a portion of the basis for his ruling. Because adequate programmers can apparently only source from Syria, Iran, Iraq, Libya and, for fuck’s sake, Sudan and Somalia?

Doing the logical extension, Robart is intimating that because US universities do not produce a sufficient number of young, qualified technological candidates for today’s computer mechanics and applied science, to refuse Syrian refugees would somehow damage Washington employers? Really? What kind of serious training does it take to yield a barista who knows how to make a machine sound like it’s hocking a loogie into your paper drink cup?

A Boston federal court originally supported Trump but Robart’s decision, being most recent, applies in terms of chronological supremacy.

Map of federal district courts of appeal throughout the United States, by district number.

Here is what will occur: the case will wind itself into the Ninth District Court of Appeals in San Francisco, historically the most leftist federal appeals entity in the Milky Way, to include Andromeda and Orion as well. The 9th is also, historically, the most overturned — at various points up to 90%.

On Sunday, as expected, the Ninth DCA allowed a continuance of Trump’s travel stay suspension. From the WashingtonPost.com:

9th Circuit Court declines to quickly reinstate travel ban

by Matt Zapotosky and Robert Barnes

A federal appeals court on Sunday ruled that President Trump’s controversial immigration order will remain suspended for the time being, allowing those previously banned from coming to the United States at least another day to get here.

The decision by the U.S. Court of Appeals for the 9th Circuit preserves a lower judge’s order to temporarily halt the ban — and based on a schedule the court outlined, the stop will remain in place at least until sometime on Monday. The Justice Department said it would not elevate the dispute to the Supreme Court before that.

Pundits and scholars are united in opining: Sooner or later the issue will have to reach the US Supreme Court.

In the meantime, a number of the suits against the Trump stay have some serious legal problems themselves. From Breitbart.com:

Travesty of Legal Errors in Immigration EO Lawsuit

by Ken Klukowski

Washington and Minnesota’s lawsuit against President Donald Trump’s immigration executive order (EO) showcases a cavalcade of legal errors.

First, the lawsuit could have been dismissed by the district court (or the court of appeals) in whole or in part for lack of jurisdiction. Second, the district court did not give the required legal reasoning in its order to justify the TRO. Third, the court had no business enjoining the executive order nationwide, instead of just in the two states. But fourth, once the district court issued the TRO, the appeals court had no authority to touch any other aspect of this legal challenge until it reaches the next stage of litigation.

But the please note the following.

The Supreme Court has reiterated countless times that when a federal court lacks subject-matter jurisdiction in a lawsuit, the only power the court has is to explain why it cannot claim jurisdiction, then dismiss the case.

That’s what should have happened for many of the claims in this lawsuit, rather than taking the extreme step of issuing a TRO.

Which leads to another problem with the TRO: Rule 65(b)(2) of the Federal Rules of Civil Procedure requires a court to “describe the injury” suffered by the plaintiff. Robart claimed that Washington and Minnesota had carried their burden of showing they had a substantial likelihood of success on the merits of their lawsuit, but never says which ones. The states obviously cannot succeed on a claim they have no standing to raise in the first place. Robart failed to provide the legal reasoning for his decision.

But having made those errors, there is nothing the Justice Department can do until the TRO is superseded by a preliminary injunction (PI). A TRO expires within 14 days of being issued, unless another event overtakes it first.

As indicated prior, there is a fundamental bottom line.

Given the liberal makeup of the Ninth Circuit, however, the Justice Department faces an uphill fight in San Francisco. More likely this issue is heading to the U.S. Supreme Court, meaning that President Trump’s EO—and immigration as a whole—could become a major topic of discussion in the confirmation process of the Supreme Court’s incoming ninth justice, Neil Gorsuch.

And therein lies the rub. You see now why holding SCOTUS is critical, absolutely critical for each side of the aisle?

President Trump, of course, does himself and his administration no favors when he fails to keep his mouth shut or his fingers off Twitter. He wrote in response to Robart’s decision in part (above): “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”

Beyond unendearing yourself to your enemies, similar acts tend to make life more difficult than necessary. President Trump is already beginning to encounter the DC roadblocks that foundational documents term “checks and balances.”

That said, Judge James Robart may be educated but fails to grasp the immediacy and plain text of 8 USC 1182, as well as Fiallo v. Bell, 430 U.S. 787. He also takes not into consideration the actions of Mr Obama in 2011 and 2015, as well as the immigration drought between roughly 1921/1924 to 1965. On the other hand, truthfully, he is not obligated in any way to do so.

What’s occurring presently is legal blowback from any number of issues, to include the hasty and ill-considered implementation of the order, and the failure to consider the issue of green card visas.

I go back to the topic of SCOTUS and — now — the vastly greater importance of Judge Neil Gorsuch. You can be guaranteed, with no reservations, that Demorats will filibuster the nomination of Gorsuch.

Conversely, any Republican — repeat, ANY Republican — who fails to get his or her arse in line with the nuclear option must be dealt with harshly and without remorse. They must be excised like the worst offensive tick, parasite or invertebrate.

Here is why: with Gorsuch uninstalled or stalled, the Supreme Court remains impaneled at the eight count. It is easy to foresee a straight split on the issue — four pro and four con.

When that happens, the lower court ruling stands.

BZ

 

Trump’s immigration halt in place

People are saying Trump’s act is illegal.

No, it’s not.

President Trump is following through with any number of his campaign promises. To wit:

Following a recent judge’s ruling on the ban, Homeland Security responds:

“President Trump’s Executive Orders remain in place — prohibited travel will remain prohibited, and the US government retains its right to revoke visas at any time if required for national security or public safety.”

The judge’s ruling said this:

Please examine Fiallo v. Bell, 430 U.S. 787, 792.

CBS News reported:

Leftists, anarchists, Demorats and the American Media Maggots conveniently forget that Barack Obama banned all Iraqi refugees from entering the United States in 2011. No issue, no problem. From ABCNews.com, this quote:

As a result of the Kentucky case, the State Department stopped processing Iraq refugees for six months in 2011, federal officials told ABC News – even for many who had heroically helped U.S. forces as interpreters and intelligence assets. One Iraqi who had aided American troops was assassinated before his refugee application could be processed, because of the immigration delays, two U.S. officials said. In 2011, fewer than 10,000 Iraqis were resettled as refugees in the U.S., half the number from the year before, State Department statistics show.

Plus, from the WashingtonExaminer.com:

President Obama has barred huge groups of potentially dangerous immigrants from entering the United States at least six times, undercutting his claim that barring Muslims from terrorist countries as Donald Trump has proposed is un-American.

In his first ban, according to a search of White House records, Obama instituted a ban on “immigrants or non-immigrants” covered by a larger United Nations travel ban. He also included those on an economic sanctions list. Most countries were Muslim.

He cited the very same section of law that many critics of his policies have asked him to use, “section 212(f) of the Immigration and Nationality Act of 1952.” It says, “Whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president 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-immigrant’s or impose on the entry of aliens any restrictions he may deem to be appropriate.”

He used the same provision five other times, one more in 2011, twice in 2012 and twice in 2014. In those, he targeted people aiding Iran, Syria, Crimea, and those involved in war crimes.

Still, in his latest tirade against Trump‘s call for a ban on Muslims from terror nations, Obama said such bans violate the American way. In reaction to the Orlando terror attack, Trump said, “When I’m elected, I will suspend immigration from areas of the world where there is a proven history of terrorism against the United States, Europe or our allies until we fully understand how to end these threats.” Obama ripped him. “That’s not the America we want,” he said. “It doesn’t reflect our democratic ideals. It will make us less safe.”

White House documents also show that former President Bill Clinton issued six immigrant bans; George W. Bush six immigrant bans; and former President Ronald Reagan four. And in 1980, former President Jimmy Carter banned Iranians after Tehran seized the U.S. embassy.

Below are Obama‘s actions:

— July 25, 2011. Barred those under a UN travel ban, or who broke 29 executive orders covering transactions with terrorists.
— Aug. 4, 2012. Banned anybody involved in war crimes, or just about any other crime including human rights violations.
— April 23, 2012. Barred those helping Syria or Iran, or involved in human rights abuses for those governments.
— May 1, 2012. Another block on those helping Iran and Syria.
— April 3, 2014. Banned anyone known to threaten South Sudan.
— March 6, 2014 . Barred entry of those claiming government authority in the Crimea region of Ukraine, presumably on behalf of Moscow.

Read More: (Link: www.washingtonexaminer.com)

Those seven enumerated countries referred to by Trump are the same countries previously identified by Barack Hussein Obama as problematic in nature for the United States of America.

Republican Senator Tom Cotton from Arkansas stated:

“It’s simply wrong to call the President’s executive order concerning immigration and refugees a ‘religious test’ of any kind. I doubt many Arkansans or Americans more broadly object to taking a harder look at foreigners coming into our country from war-torn nations with known terror networks; I think they’re wondering why we don’t do that already.”

Let the battle of national sovereignty vs open borders officially commence. Leftists and anarchists finally come out and state what they want: “no borders, no nation, fuck deportation.”

Correct. Leftists want no borders. No actual nation called the United States. I thank them for being, at least this time, honest.

In the interest of keeping national sovereignty with an eye towards self-determination and self-interest as well as national security, President Trump signed an executive order on Friday the 27th which banned Syrian refugees indefinitely and immigration from Syria, Yemen, Somalis, Sudan, Libya, Iraq and Iran for 90 days. Those countries were sourced referencing materials and incidents identified by the Obama administration.

Subsequently, Leftists, Demorats, anarchists and the American Media Maggots are losing their minds. Not that they were particularly well-assembled in the first place.

The Usual Suspects in the EU, Germany and France — Angela Merkel and Francois Hollande — are and will be doing their level best to demolish Trump’s decision. I suspect they are shocked they may be holding the refugee bag themselves only — but rightly so. They were the ones who decided to accept the refugee hordes in the first place, going so far as to ask for them. The true creator of the refugee problem is Barack Obama. Perhaps therein lies their umbrage.

Yes, these countries are predominantly Muslim — not for lack of trying by Christianity but because Christians are simply killed — as it is Islam that wishes to convert or kill the rest of the planet, and it is Islam that is directly linked to terror events aimed at the US and other western countries. The point at issue is the threat and danger represented by these nations. That they are mostly Muslim is a link but not the primary point. If Islam were not involved but they were still as dangerous the threat would still exist. If you merely changed the word “Catholic” to “Muslim,” for example — everything else being the same — I would strongly support Trump’s executive order.

Let’s not forget that ISIS and Islam has told us that its goal is to infiltrate Westernized countries like those of the EU and the United States. Terror groups are up front in terms of

At odds with damned near the entire state, Rep. Devin Nunes, R-Tulare in California, chairman of the House Permanent Select Committee on Intelligence said:

“In light of attempts by jihadist groups to infiltrate fighters into refugee flows to the West, along with Europe’s tragic experience coping with this problem, the Trump administration’s executive order on refugees is a common-sense security measure to prevent terror attacks on the homeland.”

Additional irony was provided by Fornicalia’s newly-minted attorney general, Xavier Becerra, who has apparently been unconscious for the last eight years.

“Justice in America doesn’t live or die on the stroke of one man’s pen regardless of how high his office.”

If that isn’t remarkably obtuse, I don’t know what is.

Concern for our borders and who we allow into the country isn’t new. Let’s listen to the God of Demorats, William Jefferson Clinton, in 1994.

Bill Clinton limiting immigration? Obama barring Muslims not just once? What about Hillary Clinton who, it was revealed by Wikileaks, admitted that Muslim refugees could not properly be vetted?

“They can’t possibly vet all those refugees so they don’t know if, you know, Jihadists are coming in along with legitimate refugees.”

What about James Comey who said they could not be vetted?

A question for Leftists: if Islam has nothing to do with terrorism as you claim, why would a ban on immigrants from dangerous Muslim countries promote recruitment for ISIS and provoke terror attacks?

Another important question for Leftists: why do Muslim “refugees” flee to Christian/Western countries and not to their fellow Muslim countries? Let’s listen to a Muslim answer Katie Hopkins.

Leftists and those who wish to do harm to the United States, up in arms over President Trump’s common sense EO, cannot believe that 1. Donald Trump means to put America’s interests first and, 2. He is doing precisely what he said he would.

Try reading the order and understanding what it does and doesn’t do.

Leftists, Demorats, anarchists and the American Media Maggots don’t want you to understand that immigration to the United States was essentially halted between 1924 to 1965, via the Immigration Act of 1924 (otherwise known as the Johnson-Reed Act). The act provided immigration visas to two percent of the total number of people of each nationality in the United States as of the 1890 national census. It completely excluded immigrants from Asia. This was changed in the 60s by the Immigration and Nationality Act of 1965 which opened up numbers of immigrants from Asia, Africa, the Middle East, and Southern and Eastern Europe.

Make no mistake: Islam is a global cancer that is little-understood by the bulk of the planet. It means to — and tells us this everyday, in the clear, verbally and in writing — convert infidels to Islam or kill them. It removes freedoms, rights, oppresses women and children and continues to slaughter infidels, Kaffirs and each other in horrendous ways. I have said for years: “Islam is as Islam does.” It is a common sense axiom that would be applicable to any and every religion acting as does Islam in terms of violence and death.

Refugees in America are already responsible for acts of terror in the US.

One Finnish man seems to understand the danger of unvetted refugees.

Already, in the United States, the majority of Muslims believe Sharia law should take precedent over our own laws — and 60% of young Muslims in the US are more loyal to Islam than the United States. Please watch:

Another Muslim man explains the dangers of unvetted refugee individuals and the concern he has involving Sharia law.

Why is all of this important or necessary? Here is one critical reason, from ABCNews.com:

The question comes down to this: is the stay on immigrants an issue of threats posed, or is it a matter of Islam?

Because here is what isn’t happening.

There is not a ban on individuals from Indonesia. Why is that important? Because Indonesia is the area which contains the greatest number of Muslims on the planet (around 62%), much greater than the Middle East.

Further, about 13% of the world’s Muslims, or 199.4 million out of up to 1.6 billion, live in those seven countries, according to a 2015 Pew Research Report, “The Future of World Religions: Population Growth Projections, 2010-2050.” Trump’s EO only impacts one of every eight Muslims worldwide.

Six of the seven countries to which the temporary visa issuance block applies were designated as “state sponsors of terrorism” or “countries of concern” by previous Democrat administrations, most Obama’s — also Jimmy Carter’s. Only one — Iran in 1984 — was designated by a Republican administration.

CAIR — a Muslim terror-tied group in the US — is already doing its level best to instigate lawsuits and foment upheaval and chaos against President Trump — who is attempting to do nothing more than protect the United States of America.

Remember: this emphasizes once again that the Demorats, Leftists, anarchists, the American Media Maggots and even a number of Republicans like John McCain and Lindsay Graham have no interest whatsoever in telling you the truth, revealing highly-important information, referencing history or placing issues in context. Where were Little Chuckie Schumer’s tears in 2015 and 2011 due to Obama’s actions? Where were McCain and Graham’s objections in those years because of Mr Obama’s declarations?

It’s all part of what I consider to be one of BZ’s Conventions: never let facts, history, logic, rationality, proportion and common sense get in the way of a good emotive and frakked-up decision.

Wouldn’t it be wonderful if the persons who were complaining about illegals who don’t belong in this country had as much concern about the quality of medical service provided to our veterans, the plight of our homeless veterans, and taking care of our own mentally-challenged and poor first.

BZ

P.S.

There was a recent shooting (Sunday, 1-29) at a mosque in Quebec City, Canada, with six persons killed. In steps BZ’s Terror Axiom: the longer authorities conceal the nature of actors in terror incidents the more likely they are Muslims. We know two of the suspects are Alexandre Bissonnette and Mohamed Khadir  Plus, the suspects yelled “Allahu akbar” as they shot people. That is called a clue. One must read almost the entire article to find this highly-important bit of information.