Even the leftist, open-borders, pro-amnesty Los Angeles Times (whose editors presumably believe Southern California would be better governed from Mexico City, to which I for one say: please give them their wish) admits ( http://www.latimes.com/politics/la-na-pol-travel-ban-legal-analysis-20170206-story.html ) that “‘The exclusion of aliens is a fundamental act of sovereignty . . . inherent in the executive power,’ the Supreme Court said in 1950. And lest there be doubt, Congress adopted a provision in 1952 saying the president ‘may by proclamation and for such period as he shall deem necessary, suspend the entry of all aliens and any class of aliens as immigrants or non-immigrants’ whenever he thinks it ‘would be detrimental to the interests of the United States.’”
Yet Washington state Solicitor General Noah Purcell and Attorney General Bob Ferguson (top and above), also representing Minnesota Attorney General Lori Swanson (below, the last apparently goaded by comedian Al Franken) asked a federal court in Washington state to block enforcement of a perfectly legal and modest executive order by Donald Trump , ordering a 90-day halt to immigration from seven nations IDENTIFIED BY THE OBAMA ADMINISTRATION (which favored open borders and unlimited immigration by non-assimilating Muslims including jihadi terrorists) as harboring and encouraging terrorists, till this administration can improve procedures for screening these characters.
In Seattle on Feb. 3, federal Judge James Robart (above) issued a Temporary Restraining Order, blocking enforcement of that lawful order.
And on Feb. 9, a three-judge panel of the Far-Left, open borders, pro-amnesty Court of Appeals for the 9th Circuit, upheld that order, 3-0.
The three judges on that 9th Circuit panel were Judge Michelle Friedland, Judge Richard Clifton, and Judge William Canby.
The merits (though in fact the case of the open-borders gang doesn’t have many merits, given that Donald Trump ran on a platform clearly calling for stricter limits on immigration — especially by radical Islamic terrorists — that he was elected on that platform by an Electoral College majority so huge the Democrats had no chance to pull their usual trick of sending squads of attorneys to a single “swing state” to “count hanging chads”; given that he here exercises a power and discretion reserved entirely and exclusively to the president for more than 60 years, and given that no one in any foreign country has any “right,” constitutional or otherwise, to enter or immigrate to this country except as allowed by Congress and the president, which can set any restrictions they wish, INCLUDING a “ban on all Muslims” . . . though that is not what the President has done, here) . . . will be argued elsewhere.
(A “ban on all further Muslims,” by the way, would not be “racist,” since “Muslim” is not a “race.” Nor would it violate the proscription on Congress “establishing a religion” — any more than would banning all Thugs. Nor can we find any provision in the Constitution that says restrictions on immigration set by the Congress or the President shall be void if some judge or court decides they’re “racist,” or even if those setting the limit were to DECLARE their purpose was “racist,” for that matter. Yes, “racist” has become a powerful epithet, in this era of Political Correctness. But this is really no different from saying the court now has power to overrule anything they find to be “not nice.” Except under the jurisdiction of Captain Kangaroo, that’s simply . . . not the law.)
It just seemed like it was time to note:
Immigration from these seven countries -– doubtless including immigration by those who plan to stage murders and other terrorist acts, without any adequate screening, questioning, “vetting” or other safeguards –- now continues. This is not some “unforeseeable side effect” of the actions in recent weeks by Noah Purcell, Bob Ferguson, Lori Swanson, James Robart, Michelle Friedland, Richard Clifton, and William Canby. This is the clear, main, and intentional result of their actions, foreseeable by any reasonable person.
It was precisely to stop our enemies from “beating the deadline” or “flooding the immigration pipeline” with would-be terrorists that the executive order was issued without any long “warning period” -– a sensible precaution which these seven persons have now discarded, voided, overruled, blown up.
Therefore, if any of the immigrants (or “students” or “refugees”) admitted from those seven countries after Feb. 3 commits a terrorist act, or murders any American, those seven persons have made themselves accessories before the fact to those crimes, and should expect to be held accountable and indicted and put on trial for those easily foreseeable capital offenses, which they have facilitated by directly contravening and overruling the clear language of the law, holding some imaginary right of some state university to welcome foreign exchange students overrules the judgement of the duly elected President of the United States when it comes to blocking an ongoing invasion by foreign combatants who have ALREADY MURDERED MANY AMERICANS ON OUR SOIL.
(see http://cis.org/vaughan/study-reveals-72-terrorists-came-countries-covered-trump-vetting-order . Obviously, the numbers cited would go up if Saudi Arabia and/and Pakistan were added to the order — probably a good idea — but it doesn’t appear that’s what the judges in question have in mind.)
Being a judge or a state attorney general does not grant any exemption which allows such an office-holder to take actions which any reasonable person could foresee leading to a wrongful death or deaths.
Unless the Radical Left assassinates Donald Trump (as they have repeatedly threatened to), he will win this struggle, because he has many avenues to success. He can 1) have the 9th Circuit reversed at the Supreme Court, as this rogue court is reversed 80 percent of the time on appeal -– an outcome especially likely if the Senate Majority gets fed up and decides to stop putting up with the minority Democratic strategy of slowinngg everyytthiiinnngggg dowwwwnnnnnn, and confirms the appointment of Supreme Court Justice Neil Gorsuch, post haste.
He can 2) issue more and different orders to his executive branch agents on immigration enforcement, all within his power. (If he’s wise, he will segregate his instructions into multiple orders, and then require his adversaries to go to court to learn what’s in these orders, and how many there are.) He can 3) urge the Republican majority in Congress to abolish the Circuit Court of Appeals for the 9th Circuit, as they have the power to do, and for which there is good precedent, as when the Congress abolished 16 federal judgeships with the Judiciary Act of 1802 ( http://www.fjc.gov/history/home.nsf/page/landmark_04.html .)
(This step does not contemplate merely removing some states from the jurisdiction of that court, as Arizona has sought. Rather, the 9th Circuit would be abolished; everyone now working there including the judges would become unemployed, save for a few librarians to maintain records of their past cases for legal research. A new 12th Circuit, possibly headquartered in Reno, would administer cases from Alaska, Washington state, Idaho, Montana, Nevada and Arizona; a new 13th circuit, headquartered in Portland, would administer Oregon, California, Hawaii, and the Pacific island possessions. The backlog and reversal rates of the 9th, alone, would justify its permanent elimination.)
He can 3) announce, quite properly (probably after going before the American people to detail the patience he has shown with these obstructionists, in the face of this very palpable threat), that the courts are not a supreme branch of government, but only a co-equal branch of government, and that the executive shall proceed to exercise its properly delegated powers — as authorized by Congress, especially to protect Americans from terrorist attack — with or without the approval of any court.
Or — while quickly filling more than 100 federal court vacancies with conservative strict constructionists to start shifting the balance of power — he can 4) ask the Congress for a Declaration of War, presumably against the “Islamic State” and all other Islamic factions which are currently, de facto, at war with US. That would more obviously place those who are aiding and abetting our enemies in this lethal struggle into an easily recognized class.
DO THEY THINK THEY’RE WINNING?
The law-breaking, open-borders, Let’s-Destroy-America Left think they can reverse the verdict of the American people, as expressed last Nov. 8, through the dual offices of 1) a braying lapdog media shrieking that a president who is proving himself quite patient and competent -– though a firm negotiator — is “insane,” and 2) a bunch of “Not My President” paid anarchist rioters breaking windows and setting fires.
But the American people can change channels, turn off the foul-mouthed and dispiriting synthesized thumping and chanting now held up as “popular music,” cancel newspaper subscriptions, get their news via the Internet, and stay away from the movie theaters. (In fact, they’re already doing so, in droves. Watch for more daily newspapers and legacy “news” networks to close, merge, or lay off half their “newsroom” employees, this year.)
Meantime, rioters and those threatening to assassinate the president can be arrested and sent to prison, federal bureaucrats bent on sabotaging this presidency by leaking state secrets can be . . . no, not fired, but arrested and charged with treason . . . and the millions of illegal aliens on whose votes these leftists have come to depend can be arrested and deported . . . or sent to prison and then deported. (Maybe housing costs will even start to fall -– finally -– in Berkeley and San Francisco.)
Even though congressional Democrats have managed to purposely delay by some weeks the usually courteous and orderly process of allowing a new president to seat his cabinet and take control of the various executive departments (the courtesy Republican congresses have always extended to new DEMOCRATIC presidents) –- hoping through such obstructions to goad this executive into taking some firm and overdue actions at which they can then count on their paid-up sluts in the Legacy Media to shriek “Police State! Dictatorship!” — their tactics depend on the presumption that their adversary will eventually collapse in a heap, cover his head with his hands, and burst into tears, whimpering ”Stop! Please stop! You’re hurting my feelings! I give up!”
Their problem is 1) this isn’t junior high school; 2) they’re not dealing with John Boehner, Lindsey Graham, Jeff Flake, or Ramesh Ponnuru; 3) the American people have Donald Trump’s back, big time, and 4) they have consistently misjudged this man for more than a year. (Remember “There’s not going to be a President Donald Trump; that’s not going to happen”?)
We shall see.