Seattle Judge Robart: won’t issue order against Trump’s new travel stay

[See background material here about President Trump’s first travel stay, with additional excellent insight from Byron York here.]

From the BBC.com:

Trump travel ban: Judge declines to reinstate ruling

A US judge has declined to issue an emergency order banning President Donald Trump’s revised travel ban.

The ruling came from Seattle district judge James Robart, the same judge who had issued the order that in effect halted implementation of the first ban.

Judge Robart said lawyers needed to file more extensive documentation.

The new 90-day ban on citizens of six mostly Muslim nations is due to come into effect on Thursday but has sparked legal action in a number of states.

What’s different this time around?

  • Iraq is no longer included as a banned country as it will provide extra vetting;
  • Iran, Syria, Sudan, Yemen, Libya and Somalia are still included in the travel stay;
  • Green Card holders may enter even if from the above listed countries;

Leftist states are suing once again, of course, to include Maryland, New York, Oregon, Massachusetts, Hawaii and Washington.

One bit of information you likely did not hear, a video, regarding President Trump’s first travel stay, was from a US Marine recently serving in Iraq.

As you might expect, his video created quite a stir in February, because he dared to ask probably the most important question as yet unasked by the American Media Maggots. Sean Hannity had this response.

Also from FoxNews.com:

Lance Corporal Steven Gern, 42, who worked as a contractor in Iraq starting in 2005, posted his video on February 1, and told Fox News he was evacuated from Iraq the next day because of it.

In the video, Gern said he had spoken to a group of Iraqi men about the travel ban, without getting into specifics. “My simple question was, ‘As an American, if I went out in town right now, would I be welcome?’ And they instantly said, ‘Absolutely not, you would not be welcome.’ And I said, ‘OK, so what would happen if I went out of town?’ And they said the locals would snatch me up and kill me within an hour.”

He states the obvious when he says:

“The Iraqis, in general, have very little respect for any America –regardless of whether you’re a Marine, a contractor, or a civilian—they have very little respect for you,” Gern told Fox News. “The United States pumps more and more money and it’s not appreciated –why don’t we just take care of our own?”

Gern told Fox News he has not had contact with his company, and is concerned about losing his job after posting the video, but felt it was necessary.

The question then becomes: under what legal theory will President Trump’s travel stay be attacked this time? That said, kudos to the Trump administration for continuing their persistence regarding this extremely important issue.

BZ

 

Trump goes full presidential

First, please watch the full Donald Trump presidential address to Congress below, as you may want to keep it for a reference point.

The full transcript thereof, follows.

Mr. Speaker, Mr. Vice President, Members of Congress, the First Lady of the United States, and Citizens of America:

Tonight, as we mark the conclusion of our celebration of Black History Month, we are reminded of our Nation’s path toward civil rights and the work that still remains. Recent threats targeting Jewish Community Centers and vandalism of Jewish cemeteries, as well as last week’s shooting in Kansas City, remind us that while we may be a Nation divided on policies, we are a country that stands united in condemning hate and evil in all its forms.

Each American generation passes the torch of truth, liberty and justice –- in an unbroken chain all the way down to the present.

That torch is now in our hands. And we will use it to light up the world. I am heretonight to deliver a message of unity and strength, and it is a message deeply delivered from my heart.

A new chapter of American Greatness is now beginning.

A new national pride is sweeping across our Nation.

And a new surge of optimism is placing impossible dreams firmly within our grasp.

What we are witnessing today is the Renewal of the American Spirit.

Our allies will find that America is once again ready to lead.

All the nations of the world — friend or foe — will find that America is strong, America is proud, and America is free.

In 9 years, the United States will celebrate the 250th anniversary of our founding — 250 years since the day we declared our Independence.

It will be one of the great milestones in the history of the world.

But what will America look like as we reach our 250th year? What kind of country will we leave for our children?

I will not allow the mistakes of recent decades past to define the course of our future.

For too long, we’ve watched our middle class shrink as we’ve exported our jobs and wealth to foreign countries.

We’ve financed and built one global project after another, but ignored the fates of our children in the inner cities of Chicago, Baltimore, Detroit — and so many other places throughout our land.

We’ve defended the borders of other nations, while leaving our own borders wide open, for anyone to cross — and for drugs to pour in at a now unprecedented rate.

And we’ve spent trillions of dollars overseas, while our infrastructure at home has so badly crumbled.

Then, in 2016, the earth shifted beneath our feet. The rebellion started as a quiet protest, spoken by families of all colors and creeds -– families who just wanted a fair shot for their children, and a fair hearing for their concerns.

But then the quiet voices became a loud chorus — as thousands of citizens now spoke out together, from cities small and large, all across our country.

Finally, the chorus became an earthquake – and the people turned out by the tens of millions, and they were all united by one very simple, but crucial demand, that America must put its own citizens first … because only then, can we truly MAKE AMERICA GREAT AGAIN.

Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need.

Our military will be given the resources its brave warriors so richly deserve.

Crumbling infrastructure will be replaced with new roads, bridges, tunnels, airports and railways gleaming across our beautiful land.

Our terrible drug epidemic will slow down and ultimately, stop.

And our neglected inner cities will see a rebirth of hope, safety, and opportunity.

Above all else, we will keep our promises to the American people.

It’s been a little over a month since my inauguration, and I want to take this moment to update the Nation on the progress I’ve made in keeping those promises.

Since my election, Ford, Fiat-Chrysler, General Motors, Sprint, Softbank, Lockheed, Intel, Walmart, and many others, have announced that they will invest billions of dollars in the United States and will create tens of thousands of new American jobs.

The stock market has gained almost three trillion dollars in value since the election on November 8th, a record. We’ve saved taxpayers hundreds of millions of dollars by bringing down the price of the fantastic new F-35 jet fighter, and will be saving billions more dollars on contracts all across our Government. We have placed a hiring freeze on non-military and non-essential Federal workers.

We have begun to drain the swamp of government corruption by imposing a 5 year ban on lobbying by executive branch officials –- and a lifetime ban on becoming lobbyists for a foreign government.

We have undertaken a historic effort to massively reduce job‑crushing regulations, creating a deregulation task force inside of every Government agency; imposing a new rule which mandates that for every 1 new regulation, 2 old regulations must be eliminated; and stopping a regulation that threatens the future and livelihoods of our great coal miners.

We have cleared the way for the construction of the Keystone and Dakota Access Pipelines — thereby creating tens of thousands of jobs — and I’ve issued a new directive that new American pipelines be made with American steel.

We have withdrawn the United States from the job-killing Trans-Pacific Partnership.

With the help of Prime Minister Justin Trudeau, we have formed a Council with our neighbors in Canada to help ensure that women entrepreneurs have access to the networks, markets and capital they need to start a business and live out their financial dreams.

To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime.

I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation.

We will stop the drugs from pouring into our country and poisoning our youth — and we will expand treatment for those who have become so badly addicted.

At the same time, my Administration has answered the pleas of the American people for immigration enforcement and border security. By finally enforcing our immigration laws, we will raise wages, help the unemployed, save billions of dollars, and make our communities safer for everyone. We want all Americans to succeed –- but that can’t happen in an environment of lawless chaos. We must restore integrity and the rule of law to our borders.

For that reason, we will soon begin the construction of a great wall along our southern border. It will be started ahead of schedule and, when finished, it will be a very effective weapon against drugs and crime.

As we speak, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our citizens. Bad ones are going out as I speak tonight and as I have promised.

To any in Congress who do not believe we should enforce our laws, I would ask you this question: what would you say to the American family that loses their jobs, their income, or a loved one, because America refused to uphold its laws and defend its borders?

Our obligation is to serve, protect, and defend the citizens of the United States. We are also taking strong measures to protect our Nation from Radical Islamic Terrorism.

According to data provided by the Department of Justice, the vast majority of individuals convicted for terrorism-related offenses since 9/11 came here from outside of our country. We have seen the attacks at home -– from Boston to San Bernardino to the Pentagon and yes, even the World Trade Center.

We have seen the attacks in France, in Belgium, in Germany and all over the world.

It is not compassionate, but reckless, to allow uncontrolled entry from places where proper vetting cannot occur. Those given the high honor of admission to the United States should support this country and love its people and its values.

We cannot allow a beachhead of terrorism to form inside America — we cannot allow our Nation to become a sanctuary for extremists.

That is why my Administration has been working on improved vetting procedures, and we will shortly take new steps to keep our Nation safe — and to keep out those who would do us harm.

As promised, I directed the Department of Defense to develop a plan to demolish and destroy ISIS — a network of lawless savages that have slaughtered Muslims and Christians, and men, women, and children of all faiths and beliefs. We will work with our allies, including our friends and allies in the Muslim world, to extinguish this vile enemy from our planet.

I have also imposed new sanctions on entities and individuals who support Iran’s ballistic missile program, and reaffirmed our unbreakable alliance with the State of Israel.

Finally, I have kept my promise to appoint a Justice to the United States Supreme Court — from my list of 20 judges — who will defend our Constitution. I am honored to have Maureen Scalia with us in the gallery tonight. Her late, great husband, Antonin Scalia, will forever be a symbol of American justice. To fill his seat, we have chosen Judge Neil Gorsuch, a man of incredible skill, and deep devotion to the law. He was confirmed unanimously to the Court of Appeals, and I am asking the Senate to swiftly approve his nomination.

Tonight, as I outline the next steps we must take as a country, we must honestly acknowledge the circumstances we inherited.

Ninety-four million Americans are out of the labor force.

Over 43 million people are now living in poverty, and over 43 million Americans are on food stamps.

More than 1 in 5 people in their prime working years are not working.

We have the worst financial recovery in 65 years.

In the last 8 years, the past Administration has put on more new debt than nearly all other Presidents combined.

We’ve lost more than one-fourth of our manufacturing jobs since NAFTA was approved, and we’ve lost 60,000 factories since China joined the World Trade Organization in 2001.

Our trade deficit in goods with the world last year was nearly $800 billion dollars.

And overseas, we have inherited a series of tragic foreign policy disasters.

Solving these, and so many other pressing problems, will require us to work past the differences of party. It will require us to tap into the American spirit that has overcome every challenge throughout our long and storied history.

But to accomplish our goals at home and abroad, we must restart the engine of the American economy — making it easier for companies to do business in the United States, and much harder for companies to leave.

Right now, American companies are taxed at one of the highest rates anywhere in the world.

My economic team is developing historic tax reform that will reduce the tax rate on our companies so they can compete and thrive anywhere and with anyone. At the same time, we will provide massive tax relief for the middle class.

We must create a level playing field for American companies and workers.

Currently, when we ship products out of America, many other countries make us pay very high tariffs and taxes — but when foreign companies ship their products into America, we charge them almost nothing.

I just met with officials and workers from a great American company, Harley-Davidson. In fact, they proudly displayed five of their magnificent motorcycles, made in the USA, on the front lawn of the White House.

At our meeting, I asked them, how are you doing, how is business? They said that it’s good. I asked them further how they are doing with other countries, mainly international sales. They told me — without even complaining because they have been mistreated for so long that they have become used to it — that it is very hard to do business with other countries because they tax our goods at such a high rate. They said that in one case another country taxed their motorcycles at 100 percent.

They weren’t even asking for change. But I am.

I believe strongly in free trade but it also has to be FAIR TRADE.

The first Republican President, Abraham Lincoln, warned that the “abandonment of the protective policy by the American Government [will] produce want and ruin among our people.”

Lincoln was right — and it is time we heeded his words. I am not going to let America and its great companies and workers, be taken advantage of anymore.

I am going to bring back millions of jobs. Protecting our workers also means reforming our system of legal immigration. The current, outdated system depresses wages for our poorest workers, and puts great pressure on taxpayers.

Nations around the world, like Canada, Australia and many others –- have a merit-based immigration system. It is a basic principle that those seeking to enter a country ought to be able to support themselves financially. Yet, in America, we do not enforce this rule, straining the very public resources that our poorest citizens rely upon. According to the National Academy of Sciences, our current immigration system costs America’s taxpayers many billions of dollars a year.

Switching away from this current system of lower-skilled immigration, and instead adopting a merit-based system, will have many benefits: it will save countless dollars, raise workers’ wages, and help struggling families –- including immigrant families –- enter the middle class.

I believe that real and positive immigration reform is possible, as long as we focus on the following goals: to improve jobs and wages for Americans, to strengthen our nation’s security, and to restore respect for our laws.

If we are guided by the well-being of American citizens then I believe Republicans and Democrats can work together to achieve an outcome that has eluded our country for decades.

Another Republican President, Dwight D. Eisenhower, initiated the last truly great national infrastructure program –- the building of the interstate highway system. The time has come for a new program of national rebuilding.

America has spent approximately six trillion dollars in the Middle East, all this while our infrastructure at home is crumbling. With this six trillion dollars we could have rebuilt our country –- twice. And maybe even three times if we had people who had the ability to negotiate.

To launch our national rebuilding, I will be asking the Congress to approve legislation that produces a $1 trillion investment in the infrastructure of the United States — financed through both public and private capital –- creating millions of new jobs.

This effort will be guided by two core principles: Buy American, and Hire American.

Tonight, I am also calling on this Congress to repeal and replace Obamacare with reforms that expand choice, increase access, lower costs, and at the same time, provide better Healthcare.

Mandating every American to buy government-approved health insurance was never the right solution for America. The way to make health insurance available to everyone is to lower the cost of health insurance, and that is what we will do.

Obamacare premiums nationwide have increased by double and triple digits. As an example, Arizona went up 116 percent last year alone. Governor Matt Bevin of Kentucky just said Obamacare is failing in his State — it is unsustainable and collapsing.

One third of counties have only one insurer on the exchanges –- leaving many Americans with no choice at all.

Remember when you were told that you could keep your doctor, and keep your plan?

We now know that all of those promises have been broken.

Obamacare is collapsing –- and we must act decisively to protect all Americans. Action is not a choice –- it is a necessity.

So I am calling on all Democrats and Republicans in the Congress to work with us to save Americans from this imploding Obamacare disaster.

Here are the principles that should guide the Congress as we move to create a better healthcare system for all Americans:

First, we should ensure that Americans with pre-existing conditions have access to coverage, and that we have a stable transition for Americans currently enrolled in the healthcare exchanges.

Secondly, we should help Americans purchase their own coverage, through the use of tax credits and expanded Health Savings Accounts –- but it must be the plan they want, not the plan forced on them by the Government.

Thirdly, we should give our great State Governors the resources and flexibility they need with Medicaid to make sure no one is left out.

Fourthly, we should implement legal reforms that protect patients and doctors from unnecessary costs that drive up the price of insurance – and work to bring down the artificially high price of drugs and bring them down immediately.

Finally, the time has come to give Americans the freedom to purchase health insurance across State lines –- creating a truly competitive national marketplace that will bring cost way down and provide far better care.

Everything that is broken in our country can be fixed. Every problem can be solved. And every hurting family can find healing, and hope.

Our citizens deserve this, and so much more –- so why not join forces to finally get it done? On this and so many other things, Democrats and Republicans should get together and unite for the good of our country, and for the good of the American people.

My administration wants to work with members in both parties to make childcare accessible and affordable, to help ensure new parents have paid family leave, to invest in women’s health, and to promote clean air and clear water, and to rebuild our military and our infrastructure.

True love for our people requires us to find common ground, to advance the common good, and to cooperate on behalf of every American child who deserves a brighter future.

An incredible young woman is with us this evening who should serve as an inspiration to us all.

Today is Rare Disease day, and joining us in the gallery is a Rare Disease Survivor, Megan Crowley. Megan was diagnosed with Pompe Disease, a rare and serious illness, when she was 15 months old. She was not expected to live past 5.

On receiving this news, Megan’s dad, John, fought with everything he had to save the life of his precious child. He founded a company to look for a cure, and helped develop the drug that saved Megan’s life. Today she is 20 years old — and a sophomore at Notre Dame.

Megan’s story is about the unbounded power of a father’s love for a daughter.

But our slow and burdensome approval process at the Food and Drug Administration keeps too many advances, like the one that saved Megan’s life, from reaching those in need.

If we slash the restraints, not just at the FDA but across our Government, then we will be blessed with far more miracles like Megan.

In fact, our children will grow up in a Nation of miracles.

But to achieve this future, we must enrich the mind –- and the souls –- of every American child.

Education is the civil rights issue of our time.

I am calling upon Members of both parties to pass an education bill that funds school choice for disadvantaged youth, including millions of African-American and Latino children. These families should be free to choose the public, private, charter, magnet, religious or home school that is right for them.

Joining us tonight in the gallery is a remarkable woman, Denisha Merriweather. As a young girl, Denisha struggled in school and failed third grade twice. But then she was able to enroll in a private center for learning, with the help of a tax credit scholarship program. Today, she is the first in her family to graduate, not just from high school, but from college. Later this year she will get her masters degree in social work.

We want all children to be able to break the cycle of poverty just like Denisha.

But to break the cycle of poverty, we must also break the cycle of violence.

The murder rate in 2015 experienced its largest single-year increase in nearly half a century.

In Chicago, more than 4,000 people were shot last year alone –- and the murder rate so far this year has been even higher.

This is not acceptable in our society.

Every American child should be able to grow up in a safe community, to attend a great school, and to have access to a high-paying job.

But to create this future, we must work with –- not against -– the men and women of law enforcement.

We must build bridges of cooperation and trust –- not drive the wedge of disunity and division.

Police and sheriffs are members of our community. They are friends and neighbors, they are mothers and fathers, sons and daughters – and they leave behind loved ones every day who worry whether or not they’ll come home safe and sound.

We must support the incredible men and women of law enforcement.

And we must support the victims of crime.

I have ordered the Department of Homeland Security to create an office to serve American Victims. The office is called VOICE –- Victims Of Immigration Crime Engagement. We are providing a voice to those who have been ignored by our media, and silenced by special interests.

Joining us in the audience tonight are four very brave Americans whose government failed them.

Their names are Jamiel Shaw, Susan Oliver, Jenna Oliver, and Jessica Davis.

Jamiel’s 17-year-old son was viciously murdered by an illegal immigrant gang member, who had just been released from prison. Jamiel Shaw Jr. was an incredible young man, with unlimited potential who was getting ready to go to college where he would have excelled as a great quarterback. But he never got the chance. His father, who is in the audiencetonight, has become a good friend of mine.

Also with us are Susan Oliver and Jessica Davis. Their husbands –- Deputy Sheriff Danny Oliver and Detective Michael Davis –- were slain in the line of duty in California. They were pillars of their community. These brave men were viciously gunned down by an illegal immigrant with a criminal record and two prior deportations.

Sitting with Susan is her daughter, Jenna. Jenna: I want you to know that your father was a hero, and that tonight you have the love of an entire country supporting you and praying for you.

To Jamiel, Jenna, Susan and Jessica: I want you to know –- we will never stop fighting for justice. Your loved ones will never be forgotten, we will always honor their memory.

Finally, to keep America Safe we must provide the men and women of the United States military with the tools they need to prevent war and –- if they must –- to fight and to win.

I am sending the Congress a budget that rebuilds the military, eliminates the Defense sequester, and calls for one of the largest increases in national defense spending in American history.

My budget will also increase funding for our veterans.

Our veterans have delivered for this Nation –- and now we must deliver for them.

The challenges we face as a Nation are great. But our people are even greater.

And none are greater or braver than those who fight for America in uniform.

We are blessed to be joined tonight by Carryn Owens, the widow of a U.S. Navy Special Operator, Senior Chief William “Ryan” Owens. Ryan died as he lived: a warrior, and a hero –- battling against terrorism and securing our Nation.

I just spoke to General Mattis, who reconfirmed that, and I quote, “Ryan was a part of a highly successful raid that generated large amounts of vital intelligence that will lead to many more victories in the future against our enemies.” Ryan’s legacy is etched into eternity. For as the Bible teaches us, there is no greater act of love than to lay down one’s life for one’s friends. Ryan laid down his life for his friends, for his country, and for our freedom –- we will never forget him.

To those allies who wonder what kind of friend America will be, look no further than the heroes who wear our uniform.

Our foreign policy calls for a direct, robust and meaningful engagement with the world. It is American leadership based on vital security interests that we share with our allies across the globe.

We strongly support NATO, an alliance forged through the bonds of two World Wars that dethroned fascism, and a Cold War that defeated communism.

But our partners must meet their financial obligations.

And now, based on our very strong and frank discussions, they are beginning to do just that.

We expect our partners, whether in NATO, in the Middle East, or the Pacific –- to take a direct and meaningful role in both strategic and military operations, and pay their fair share of the cost.

We will respect historic institutions, but we will also respect the sovereign rights of nations.

Free nations are the best vehicle for expressing the will of the people –- and America respects the right of all nations to chart their own path. My job is not to represent the world. My job is to represent the United States of America. But we know that America is better off, when there is less conflict — not more.

We must learn from the mistakes of the past –- we have seen the war and destruction that have raged across our world.

The only long-term solution for these humanitarian disasters is to create the conditions where displaced persons can safely return home and begin the long process of rebuilding.

America is willing to find new friends, and to forge new partnerships, where shared interests align. We want harmony and stability, not war and conflict.

We want peace, wherever peace can be found. America is friends today with former enemies. Some of our closest allies, decades ago, fought on the opposite side of these World Wars. This history should give us all faith in the possibilities for a better world.

Hopefully, the 250th year for America will see a world that is more peaceful, more just and more free.

On our 100th anniversary, in 1876, citizens from across our Nation came to Philadelphia to celebrate America’s centennial. At that celebration, the country’s builders and artists and inventors showed off their creations.

Alexander Graham Bell displayed his telephone for the first time.

Remington unveiled the first typewriter. An early attempt was made at electric light.

Thomas Edison showed an automatic telegraph and an electric pen.

Imagine the wonders our country could know in America’s 250th year.

Think of the marvels we can achieve if we simply set free the dreams of our people.

Cures to illnesses that have always plagued us are not too much to hope.

American footprints on distant worlds are not too big a dream.

Millions lifted from welfare to work is not too much to expect.

And streets where mothers are safe from fear — schools where children learn in peace — and jobs where Americans prosper and grow — are not too much to ask.

When we have all of this, we will have made America greater than ever before. For all Americans.

This is our vision. This is our mission.

But we can only get there together.

We are one people, with one destiny.

We all bleed the same blood.

We all salute the same flag.

And we are all made by the same God.

And when we fulfill this vision; when we celebrate our 250 years of glorious freedom, we will look back on tonight as when this new chapter of American Greatness began.

The time for small thinking is over. The time for trivial fights is behind us.

We just need the courage to share the dreams that fill our hearts.

The bravery to express the hopes that stir our souls.

And the confidence to turn those hopes and dreams to action.

From now on, America will be empowered by our aspirations, not burdened by our fears –-

inspired by the future, not bound by the failures of the past –-

and guided by our vision, not blinded by our doubts.

I am asking all citizens to embrace this Renewal of the American Spirit. I am asking all members of Congress to join me in dreaming big, and bold and daring things for our country. And I am asking everyone watching tonight to seize this moment and —

Believe in yourselves.

Believe in your future.

And believe, once more, in America.

Thank you, God bless you, and God Bless these United States.

Figure 1. Nancy Pelosi in the blue room outside Congress, in makeup preparation for her appearance at Trump’s Tuesday speech.

Figure 2. Demorat Nancy Pelosi ensured that she didn’t stand or applaud during the two-minute round of applause in tribute to the widow of Navy SEAL William ‘Ryan’ Owens.

Figure 3. Neither Debbie Wasserman Schultz or Keith Ellison provide applause for the widow of Navy SEAL during President Trump’s speech.

Demorats proved once again that they are venal, puerile, short-sighted infantile ignorants who, when emotions are truly called-for, cannot for the life of them engender any empathy whatsoever on behalf of those who proffered the ultimate sacrifice to our nation.

Brent Bozell posted on Twitter.

There were more Donald Trump Twitter responses.

Nancy Pelosi needs 1) Someone to provide her an emergency bottle of oxygen or perhaps a glass of gin, and 2) Someone to trim her ear flaps which, due to age, are the size of actual African elephants. Perhaps she uses them for brainulus cooling purposes.

Then there was this from CNN.

The wife of a dead Navy SEAL cried and Demorats sat on their moribund asses and refused to applaud for political reasons.

Figure 4. Then there were the white-robed Demorat Kluckers in the audience who held their thumbs-down during the speech and lacked only white masks and coned hats.

House Minority Leader Nancy Pelosi (D-CA) sat in the audience and didn’t cheer as the incredible moment progressed, along with Senator Bernie Sanders and others – see the video at approximately three minutes in, as the cameras pan the crowd. Look at the right hand side of this screenshot below.

Even the admitted and avowed Communist Van Jones admits:

Van Jones made an admission that few on the Left will or would. Conversely, the Demorats made their rallying lame reply as follows. Because, after all, does anyone at all remember who this guy is? Or care?

In rebuttal, Demorats believed it would be an excellent idea to trot out another ancient greyhair male Demorat Caucasoid, former Kentucky Gov. Steve Beshear. Listen to his first few sentences. Apparently he has no damned idea just who he is or where he stands politically.

And once again they don’t make much sense. For Christ’s sake, even the Leftists said so.

The HuffingtonPost.com wrote:

Democratic Response To Trump Speech Highlights Party’s Struggle Moving Forward

by Amanda Terkel

The party chose not to put forward one of its rising stars in its rebuttal to Donald Trump.

Democrats chose former Kentucky Gov. Steve Beshear (D) to deliver the party’s response to President Donald Trump’s congressional speech Tuesday night. On some level, that made complete sense.

But Beshear, 72, is certainly not a fresh face or a rising star. At a time when Democratic energy is being driven by women, minorities and young people, the party chose not to feature them. They instead turned to a former governor and sat him in a cliched location, a diner, in front of a staid group of predominantly older, white Kentuckians (both Democrats and Republicans, to emphasize why health care should not be a partisan issue).

OMG. Are the Demorats finally beginning to Grok some kind of concept? From the Federalist.com:

The Democratic Rebuttal To Trump’s Speech Is Everything Wrong With The Democratic Party

by Mary Katherine Ham

Beshear giving the speech is in itself an admission of failure. You know who’s not giving the speech? The young, promising, telegenic former Kentucky Attorney General Jack Conway, who was the presumptive heir to Beshear’s office until he was defeated by double digits by Tea Party candidate Matt Bevin.

Even Rachel Maddow called the Demorat response “small and stunty.” Duh. Hello? Facts in evidence? Then there was this, Tucker Carlson interviewing Eric Guster. In my opinion, nothing but another racist. Watch and listen for yourself, taking everything into context.

Even the New York Times gave Trump props.

I say: Donald Trump went into Full Presidential Mode tonight.

And the Demorats are hating same. Because they have no alternative.

BZ

 

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

 

Let the SCOTUS brawl commence

On Tuesday, January 31st, President Trump revealed the person he will nominate to replace Associate Justice Antonin Scalia, who passed away February 13th of last year at a resort in Texas, age 79.

That person is 49-year-old Judge Neil Gorsuch from the 10th Circuit US Court of Appeals. He will be the youngest jurist on the SCOTUS bench if installed, next to 56-year-old Elena Kagan. That is a massive plus as Gorsuch could potentially serve for twenty or thirty years.

The event was a propitious ceremony enhanced by the presence of Justice Scalia’s widow, Maureen Scalia, Trump exhibited class and respect.

Gorsuch’s downfall in the eyes of Demorats and Leftists is that he views the Constitution and Bill of Rights as documents that mean what they say. Judge Gorsuch could be considered a “strict constructionist” as he does not attempt to read into these papers facts or statements that aren’t present. He believes in the rule of law and has crafted his decisions in terms of the law itself and not any changing set of policy preferences. The New York Times quantifies Gorsuch as “an echo of Scalia in philosophy and style.” I say: Gorsuch will be a dogged defender of the Constitution.

Truly, however, it doesn’t make much difference what the background of Gorsuch may be, as the Demorats have stated in no uncertain terms that they will block and obstruct any person that Trump nominates. Any person. From Politico.com:

Senate Dems will filibuster Trump’s Supreme Court nominee

by Burgess Everett

It will be only the second time in modern history that the Senate has mounted a filibuster against a nominee.

Senate Democrats are going to try to bring down President Donald Trump’s Supreme Court pick no matter who the president chooses to fill the current vacancy.

With Trump prepared to announce his nominee on Tuesday evening, Sen. Jeff Merkley (D-Ore.) said in an interview on Monday morning that he will filibuster any pick that is not Merrick Garland and that the vast majority of his caucus will oppose Trump’s nomination. That means Trump’s nominee will need 60 votes to be confirmed by the Senate.

“This is a stolen seat. This is the first time a Senate majority has stolen a seat,” Merkley said in an interview. “We will use every lever in our power to stop this.”

Butthurt when the GOP insisted that a lame-duck president in the form of Obama not be able to force his own nomination so close to the election of a new president, the Demorats have pulled out all their knives and guns, and are spoiling for a fight.

An interesting note was made by Senate Minority Leader Little Chuckie Schumer, providing insight into Demorat thinking:

“The burden is on Judge Neil Gorsuch to prove himself to be within the legal mainstream.”

“Legal mainstream”? In terms of the Demorats and Leftists the legal mainstream would include hot-and-cold running abortions on demand, a nation overfilled with Syrians and Muslims uninterested in assimilation, and turning the US into a carbon copy of the European Union. Not once have the Demorats mentioned that the rule of law is inviolate and that the Constitution and Bill of Rights must be interpreted as written.

It’s a move that will prompt a massive partisan battle over Trump’s nominee and could lead to an unraveling of the Senate rules if Merkley is able to get 41 Democrats to join him in a filibuster. Sen. Amy Klobuchar (D-Minn.) also reminded her Twitter followers on Sunday night that Supreme Court nominees can still be blocked by the Senate minority, unlike all other executive and judicial nominees.

Any senator can object to swift approval of a nominee and require a supermajority. Asked directly whether he would do that, Merkley replied: “I will definitely object to a simple majority” vote.

The question: when and by whom will the so-called “nuclear option” be pulled?

Here’s one interesting point that very much needs to be considered by the Demorats:

Different lawmaker are sure to have different priorities, especially since a number of Democratic senators are facing re-election in 2018 in states that Trump won. And many  Democrats may ultimately stop short of declaring an all-out war on Trump’s Supreme Court pick, even if they express concern over his nomination and ultimately oppose it.

Translated: there are close to 200 seats up for re-election shortly, and Demorats have to ask themselves just how much they really want to be seen as obstructionists in the eyes of populist voters.

Plainly, here is the crux of the biscuit:

Part of what raises the stakes of the Supreme Court fight is the fact that under current Senate rules, Democrats have the ability to initiate a filibuster, which would require 60 votes to overcome. Since there are only 52 Senate Republicans, that could prevent confirmation absent Democratic defections. It is possible, however, that Senate Republicans could respond to that scenario by invoking the so-called nuclear option, which would allow the GOP to override any objections with 51 votes.

Tactics and politics.

As opposed to the time under George Bush when the GOP owned the Triumvirate of Power, that is to day, the White House, Senate and House of Representatives (Republicans controlled both houses of Congress for a total of four years, from 2003 to 2007) and quaked with fear over utilizing said power, it would appear to me that a Trump presidency certainly won’t be timid, docile or very conciliatory to the Demorats.

The Demorats are already boycotting hearings to vote on nominations for Trump cabinet members and are forcing delays on voting for Senator Jeff Sessions as Attorney General.

Tactics and politics. Many considerations to be made in terms of short game and long ball. If either side pops off big time over the very first SCOTUS nomination — and yes, there will be more, perhaps two to three more vacancies coming in the next four years, I believe — where does that leave you in the future?

Do Demorats make their stand here, at the very first SCOTUS nomination as a replacement for Scalia, or do they make it down the line when the next nomination will most certainly change the complexion of the Supreme Court?

Schumer predicts the GOP won’t have the 60 votes. McCain and Graham and other Republican squishes come into play. “Then they’ll have to make a choice. Change the rules. It’s going to be very hard for them to change the rules because there are a handful of Republicans who believe in the institution of the Senate and don’t change the rules.”

So will the GOP be its own worst enemy? Will they unify and coalesce? Remember, in terms of Merrick Garland — because facts are facts — the Garland nomination was in the middle of a presidential election year, not at the beginning of the term. The Senate had not confirmed a vacancy in the middle of a presidential election in 80 years.

Clinton had two SCOTUS nominees confirmed in the beginning of his first term without a GOP filibuster. Obama had likewise two SCOTUS nominees confirmed in the beginning of his first term without a GOP filibuster.

No matter, the fireworks, hate and discontent is underway.

The Demorats will filibuster.

But: will the GOP pull the Big Red Handle in response?

BZ

P.S.

Notice to the GOP, specifically John McCain (R-AZ), Lindsay Graham (R-SC), Susan Collins (R-ME), Lisa Murkowski (R-AK): you cross the aisle at your own peril. This is now open political blood sport. Get your asses in line. Now. Collins and Murkowski already voted against Davos as it appears they both received thousands of dollars from teachers’ unions.

 

Ruses, recounts, “fake news,” Russian hacks, electors = Trump POTUS #45

I cannot think of a more apropos photograph to embrace the final election results.

Donald Trump will be the 45th President of the United States.

Ruses, lawsuits, recounts, “fake news,” physical threats, violence by Leftists, riots, burning cars, trees and buildings, “Russian hacking” and jumping electors couldn’t stop Donald Trump from becoming the 45th President of the United States.

From the WashingtonExaminer.com:

Electoral College votes to make Donald Trump president

by Gabby Morrongiello

Members of the Electoral College cast the final votes in the 2016 presidential election on Monday, affirming Donald Trump as the 45th president of the United States.

Despite reports of GOP electors receiving harassing phone calls and emails for weeks leading up to Monday’s vote, nearly all of the 538 men and women who were chosen by state parties to participate in the constitutional rite abided by the people’s vote in their state.

But here’s the oh-so-buttery-goodness “rub” of it all.

On November 8th, Donald Trump became the president-elect of the United States, taking 306 electors to Clinton’s 232. This was confirmed on Monday, December 19, by Trump’s taking all 270 electors required. Only six electors (instead of the “minimum of 37” promised) jumped electoral ship. The truth? Four Democratic electors voted for someone other than Clinton, while two Republicans voted for someone other than Trump. Bottom line: the so-called “elector revolt” hurt Clinton more than it hurt Trump.

In the roughly six weeks since the election, electors themselves have been threatened with death, injury, pressured, intimidated, had their personal information and addresses posted on the internet in order to sway a decision that was made over a month prior.

Now it would appear people want electors who can be “lobbied” if you will, their votes influenced and — thanks to Michael Moore — purchased. In fact, Hillary Clinton actually lost more electors than Trump. Still, this sets a grim precedent. Leftists now insist that a small section of “very wise” or “very moral” persons should make the decisions. This is called MIUAYGA.

Let’s summarize for the brain-dead Leftists amongst us, shall we?

  • Rigged primaries = FAILED;
  • Rigged debates = FAILED;
  • Rigged general = FAILED;
  • Rigged AMM = FAILED;
  • Rigged FBI = FAILED;
  • Rigged recount = FAILED;
  • Rigged “fake news” = FAILED;
  • Rigged “Russia hackers” = FAILED;
  • Rigged “Hamilton Electors” = FAILED.

I can make no other conclusion than this: Demorats, Leftists, Socialists, Progressives, Bernie Sanders supporters, Hillary Rotten Clinton supporters, you have failed.

Translated for those unfamiliar with the Engrish rangrage: that makes you all L O S E R S.

Your T-ball, PlaySkool, My Little Pony, safe space, coloring book, Play Doh and helicopter parent upbringings are failing you.

“Elections have consequences, and at the end of the day, I won.”
– President Barack Obama to House Republican Whip Eric Cantor, January 23, 2009

GTFOI, Leftists.

The actual adults are about to enter the room. Go back to playing with your tranny dolls.

BZ