Sunday, October 22, 2017
Hawai'i Free Press

Current Articles | Archives

Tuesday, February 07, 2017
White House Calls Travel Ban ‘a Lawful Exercise’ of Authority
By Selected News Articles @ 8:06 PM :: 1010 Views :: National News

White House Calls Travel Ban ‘a Lawful Exercise’ of Authority

by Matthew Renda, Court House News,  February 6, 2017

SAN FRANCISCO (CN) – President Donald Trump was well within his constitutional authority to issue the ban on travelers from seven Muslim-majority nations, government attorneys said in a response filed with the Ninth Circuit on Monday afternoon. Washington state and others – including 97 corporations and businesses – filed briefs over the weekend, arguing that the president’s power is not unlimited, that his order discriminates on religious grounds and ultimately endangers Americans.

“The executive order is a lawful exercise of the president’s authority over the entry of aliens into the United States and the admission of refugees,” Deputy Solicitor General Edwin Kneedler said in the reply.

The response was filed with the Ninth Circuit minutes before the 3 p.m. deadline, and furthers the Trump administration’s two main arguments in support of the executive order that bars entry to citizens from seven Muslim-majority nations in the Middle East.

Meanwhile, former security officials, major technology companies, civil rights advocacy groups and attorneys general from 16 states all filed amicus briefs urging the Ninth Circuit to keep a federal judge’s halt on the travel ban while the courts sort out its legality.

The Trump administration asserts the office of the president maintains broad discretion when it comes to matters of national security and immigration, and that Trump’s order falls well within such discretion. Secondly, the administration argues Washington state lacks the standing necessary to bring the claims since it does not issue travel visas.

“As an initial matter, the state cannot challenge the denial of entry or visas to third-party aliens,” Trump’s lawyers argue. “It is well settled that a state lacks authority to sue ‘as the representative of its citizens’ to protect them from the operation of federal law.”

Trump’s most controversial order, which elicited immediate protests at airports throughout the nation, prompted Washington state Attorney General Bob Ferguson to sue last week on grounds that the ban violates Fifth Amendment’s due process guarantees, the Establishment Clause of the First Amendment and the Immigration and Nationality Act’s prohibition against discrimination on the basis of national origin.

U.S. District Judge James Robart sided with Ferguson on Friday, granting a temporary restraining order on the travel ban that effectively bars customs and border patrol workers from enforcing Trump’s executive order.

The Trump administration immediately appealed the decision, asking the Ninth Circuit for a temporary stay of the restraining order. The appeals court declined, but asked each side for more briefing by Monday afternoon.

Meanwhile, 97 technology companies, including Apple, Google, Facebook, Netflix and other major companies filed amicus briefs on behalf of Washington state’s position, arguing the ban “will make it far more difficult and expensive for U.S. companies to hire some of the world’s best talent – and impede them from competing in the global marketplace.”

New York Attorney General Eric Schneiderman, one of the 16 state AGs that signed onto Monday’s amicus brief said, “President Trump’s executive order is unconstitutional, unlawful, and fundamentally un-American – and we won’t stand by while it undermines our states’ families, economies, and institutions.”

The American Civil Liberties Union, the Fred Korematsu Center for Law, HIAS – formerly the Hebrew Immigrant Aid Society – and other refugee advocates and civil rights proponents filed similar briefs. They argued that while the president has broad constitutional authority on matters of national security he lacks proof that refugees from these nations actually pose a national security risk.

Furthermore, they argue there is sufficient precedent for judicial review of executive branch actions particularly if there is evidence the executive branch acted in bad faith, which some legal experts say is the crux of Washington state’s argument – namely that the Trump administration enacted the travel ban with discriminatory intent.

A litany of former high-ranking U.S. security officials, including Madeleine Albright, Leon Panetta, Janet Napolitano and John Kerry – all Democrats – signed a declaration arguing the travel ban endangers American citizens.

“We view the order as one that ultimately undermines the national security of the United States, rather than making us safer,” the officials say in the declaration. “The order disrupts thousands of lives, including those of refugees and visa holders all previously vetted by standing procedures that the administration has not shown to be inadequate.”

Finally, a coalition of 16 state attorneys general also filed amicus briefs in the high-profile case, saying the states do have standing due to the harm incurred to them as a result of the ban. The AGs say thousands of their residents who originally hail from the seven affected nations are employed as faculty at state-run educational institutions.

The state of Hawaii, which filed a lawsuit over the travel ban with similar claims on Friday, had asked to intervene in the Washington state case. The Ninth Circuit declined, instead allowing the Aloha State to file a friend-of-the-court brief.

The travel ban, signed by Trump on Jan. 27 after a week in office, banned entry of all refugees for 120 days, halted admissions from war-torn Syria indefinitely, and barred entry of citizens of Iraq, Iran, Sudan, Libya, Somalia and Yemen for three months.

All seven nations are largely Muslim, prompting many to call it a Muslim ban. The White House has since pushed back and said the executive order has nothing to do with religion and more to do with the fact that they are terror-prone and therefore a national security risk.

Trump himself has taken to Twitter, calling Robart – an appointee of the George W. Bush administration – a “so-called judge.”

“What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?” Trump said in a follow-up tweet.

While many of Trump’s critics say this demonstrates Trump’s authoritarian propensities and shows a lack of understanding of the separation of powers, Trump administration lawyers – albeit in more measured terms – argue Trump is right, that the president does have broad discretion when it comes to matters of immigration and national security.

The Ninth Circuit, based in San Francisco, has tentatively scheduled a telephonic hearing on the stay for Tuesday afternoon. Experts believe the case will eventually end up at Supreme Court.

The acting Solicitor General Noel Francisco did not sign Monday’s motion, citing an abundance of caution as his former law firm filed an amicus brief in the case the day before.

---30--- 

News Release: HAWAII CASE STAYED SO LONG AS NATIONWIDE ORDER BLOCKING PRESIDENT’S IMMIGRATION BAN REMAINS IN PLACE

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A'ole Eradication

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Friends of Lanai

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

GoGoGMO!

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii Open Budget

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Senate Informer

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Votes

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu TEA Party

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

Hunting, Farming and Fishing Assoc.

I Vote Hawaii

If Hawaii News

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

No Hawaii Beverage Tax

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

OHA Lies

Ohana Policy Group

OpenHawaii.org

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

Senate Minority FB

SenatorFong.com

SIFE Remington

SIFE W. Oahu

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

TEA Party Maui

TFB Micronesia

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

United Veterans Hawaii

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

YAL UH Hilo 

Yes2TMT

 

 

 

Maui TEA Party
Maui TEA Party