Appeals Court Denies Trump Request To Reinstate Travel Ban

Tyler Durden's picture

A federal appeals court denied early on Sunday a request from the Department of Justice to immediately restore President Trump's executive order on immigration and refugees, asking for more court filings before it rules on the matter.

As reported on Saturday night, the DOJ had filed court papers hours earlier seeking an immediate reversal of a ruling Friday against the executive order by U.S. District Judge James Robart of Seattle. Shortly after, the strongly liberal Ninth Circuit Court of Appeals denied the request for an immediate ruling, and instead called for written responses to the appeal to be filed with the court later Sunday and Monday. It was awaiting further submissions from Washington and Minnesota states on Sunday, and from the government on Monday.

The government's appeal said the decision by judge James Robart in Washington poses an immediate harm to the public, thwarts enforcement of an executive order and "second-guesses the president’s national security judgment about the quantum of risk posed by the admission of certain classes of (non-citizens) and the best means of minimizing that risk". Previously, in a seven-page ruling, Judge Robart wrote that he was granting a restraining order against the government in part because the plaintiffs, which included the State of Washington, were likely to win on their constitutional claims. Not halting the president’s order would cause the plaintiffs “irreparable injury,” he wrote.

The court ruling dealt a second consecutive setback in two days to Trump, who has denounced the judge in the state of Washington who blocked his executive order on Friday. In tweets and comments to reporters, the president insisted on Saturday he would get the ban reinstated. On Saturday, California Attorney General Xavier Becerra, a Democrat, praised the judge’s ruling and said Californians and travelers to the state “can reunite with your family. You can go about your business, including travel, as long as the federal court order stands. Be mindful to carry your legal documents if you are traveling. And know that California’s local public safety officers are there to protect you and not to enforce overreaching federal immigration pronouncements.”

Robart's adverse ruling, while not the first, had the broadest impact yet on Trump's executive order, extending the block nationwide. Trump’s executive order already had been hit with dozens of lawsuits as individuals, civil-rights groups and state officials have sought to strike it down on constitutional or other legal grounds, and has resulted in a flurry of temporary rulings.

A federal judge in Boston sided with the Trump administration earlier on Friday by refusing to extend a temporary restraining order he had issued last week. That ruling came before the Seattle order was issued. At a third hearing in Virginia on Friday, a Justice Department lawyer said the order had led to the revocation of more than 100,000 visas—a statement that was quickly contradicted by the State Department, which said the correct figure was fewer than 60,000.

Trump has said the temporary immigration restrictions on citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, and on all refugees, are necessary to protect the United States from Islamist militants. Critics say they are unjustified and discriminatory.

Washington Federal Judge Robart's order and the appeal ruling have created what may be a short-lived opportunity for travelers from the seven affected countries to get into the United States while the legal uncertainty continues.

While the Trump administration seeks to overturn Judge Robart’s order, the Departments of State and Homeland Security had no choice but to begin complying with it. If the administration’s appeal is successful, however, the agencies could be forced to change direction yet again the WSJ reports.

Legal issues around the order also led to an extraordinary standoff earlier this week when acting Attorney General Sally Yates, a holdover from the Obama administration, instructed Justice Department lawyers not to defend it and said she had serious concerns about its legality. The White House fired her within hours and installed Virginia U.S. Attorney Dana Boente in the post, who said he would defend the order.

We now await Trump's angry response, as a Supreme Court showdown over the Immigration executive order appears inevitable.

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GUS100CORRINA's picture

Unbelievable!!!!!!

America looking more and more like a 'BANANA REPUBLIC".

The defining characteristics of banana republics are a matter of history. First, the law is not enforced against a chosen class in a banana republic, usually the allies of the autocrat in charge. Second, foreign policy is always performed in the autocrat’s interests and often in disregard of the nation’s actual interests. This describes how America functioned in the era of President Obama.

Looks like we still have some left over Obama trash to deal with in this matter.

Zer0head's picture

Two judges

Canby appointed by Carter

Friedland appointed by Obama

MFL5591's picture

9th Circuit is in San Francisco, whats the surprise?  Actually, this is great, take it to the Supreme Court and settle this matter!

overmedicatedundersexed's picture

the supreme court you say??  fuckin lawyers dressed  in black like their shit don't stink.

Idiots who pretend to uphold the constitution while rewritting it?? it's  a "tax" roberts ruling as example..when a tax must first be passed by congress as a tax in law??

4 - 4 tie and this fucking corrupt judge's and 9th circ ruling stands..

Trump needs to house clean the judges and gop congress (mostly lawyers) better go along.

 

 

 

NoPension's picture

Not surprised.

Judicial activism.

Just remember " Left"..... tick tock. The pendulum swings.

" he can't win, I could go on and on .
" well, @realdonaldtrump...at least I'll go down as a President" drop mike.

They underestimate this man.....and continue to push him. He will not stop, and will come back with something even stronger. Watch.

overmedicatedundersexed's picture

Trump's light once again exposes the corrupt in our system..this judge and the 9th all stand against established law with no standing in matters of national security ..

maybe more will wake up from "Eyes wide shut"

J S Bach's picture

I've got a good retort for Trump...

Make an executive order demanding that California secede from the Union.  Maybe the 9th Circuit Court will finally go along with him on something then.

N2OJoe's picture

So what part EXACTLY is unconstitutional or illegal, and what law or part of the constitution does it break?

If they can't point that out in clear terms, they need to be disbarred or whatever you do to ruin a judges career.

If these "judges" wont abide the rule of law, should they then be protected from mob justice?

FreezeThese's picture
FreezeThese (not verified) N2OJoe Feb 5, 2017 10:16 AM

As they should ... on to the next disaster

Whoa Dammit's picture

People from other countries who are not on American soil  (having cleared customs) have NO constitutional rights. The leftists insistance that they do is what is unconstitutional. Where in anyone's twisted imbecilic mind did the belief that the constitution rights of US citizens are afforded to everyone everywhere on the planet sprout from?

Robert Trip's picture

The belief sprouts from the lower extremity at the rear.

Chupacabra-322's picture

When the Criminal Fraud Entity aka the Criminal Fraud UNITED STATES, CORP. INC. & its Crony CORP. Agency FBI let Pure Evil War Criminal Treasonous Psychopath Hillary Clinton free of any charges.

It's was the Official announcement to the World of the open Criminality & Lawlessness of the Criminal Fraud UNITED STATES, CORP. INC. & its CORP. Entity Agencies.

Here's the actual text from 8 USC 1182 "Inadmissable Aliens":

(f) Suspension of entry or imposition of restrictions by President:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he 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 nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

https://www.law.cornell.edu/uscode/text/8/1182

So the Scum Fucks junking me. Yes, your breaking you own Criminal Fraudulent Statute.

mofreedom's picture

No, sell California to the Chinese.

Sabibaby's picture

Or to the Mexicans and hopefully soon it will just fall off into the Pacific .

Chris Dakota's picture
Chris Dakota (not verified) mofreedom Feb 5, 2017 10:47 AM

5 yrs ago few Chinese in my area, now when I go to the grocery it looks like 40% Chinese.

They are buying it as we speak.

Mr. Universe's picture

Just check any High school web page on the Peninsula and you can see who lives in the community. There has been a shift going on for a over a generation now...

https://mhs.schoolloop.com/

IntTheLight's picture

Great idea. If California seceded, China, aided by the huge Chinese population in California, would take over anyways. This way we get a good price.

Why else are the Chinese buying up housing in California and flooding the schools with Chinese?

wren's picture

Only the counties that voted against Trump. That way they will starve with no farm land.

slwsnowman40's picture

For as long as I can remember, 9th Circus has always been looney.

corsair's picture

Divine Comedy

(next up is Purgatory)

Lizardking's picture

This is why you have to orchestrate a false flag before getting anything done in this liberal country. Nobady can get their feelings hurt until a tragic event happens, then everyone bands together to solve the problem even if that particular problem wasn't really a problem. Just need MSM to cover it and the zombies will do as they're told. This is the difference between Trump and a politician. A politician knows how to fool the public in order to accomplish a goal, Trump just wants to accomplish that goal asap but doesn't realize the idiotic footsteps you must take to convince the snowflakes it's the right step for America. It's why nothing ever gets done and explains the slow death of the USA.

caconhma's picture

Too few American people (including incompetent US President Trump and his surrounding) understand that there is a full blown constitutional crisis in America when any single federal judge in America can deny and/or prohibit to a US President authority to defend and protect the USA.

Unfortunately, either this Constitutional crisis will be immediately resolve into the US President favor or we, American people, are on a verge of a civil war!

 

Manthong's picture

Who the F are these moron so-called judges?

Another part of the swamp that needs to be drained.

There is no “right” for an ALIEN to enter the United States.

Impeach those judges or remove them by any other means.

They are not ruling on law, they are "so-called" because they are ruling on emotions and personal prejudices.

 

bamawatson's picture

like this guy

James Robart, the Seattle federal judge who recently blocked the travel ban of President Trump has interesting past affiliations...                

                                                               

                    
  1. Former President and Trustee, Seattle Children’s Home

  2. Former Co-Chair of the Second Century Society (Boy Scouts of America Foundation)

  3. Former Co-Chair, Trustee, Member, State Advisory Board of the Children’s Home Society of Washington

  4. Attained his law degree from Georgetown University in Washington D.C. in 1973

Info: http://www.wawd.uscourts.gov/judges/robart-bio

child sex abuse at the Children's Home Society: http://www.seattletimes.com/seattle-news/former-counselor-pleads-guilty-to-child-sex-abuse/

Manthong's picture

In case the concept is a little too complex for the lefties and snowflakes that were never taught how to think critically…

Judges are supposed to be elected and appointed based upon their competency to rule according to the law, the Congress is elected to legislate within the bounds of the Constitution but according to the disposition and will of the electorate and the President is elected to lead according to his personal dispositions within the bounds of the Constitution.

 

LibertarianMenace's picture

Yeah, always despised the phrase "they 'interpret' the law" as if it was written in Chinese. What does the fucking law SAY plain and simple, your "honor"? I'm not paying you for what YOU think it should say. That's for an entirely different, but just as despicable, outfit to determine.

Chris Dakota's picture
Chris Dakota (not verified) bamawatson Feb 5, 2017 10:49 AM

Pedocriminals insert themselves into organizations centered on children.

That's the perv that he is, I knew it was something. I thought gay, but hey most of them are child destroyers.

IntTheLight's picture

He and his wife are foster parents to imported Asian kids. Mmmmph. And he supports Black Lives Matter. A real piece of work.

Kirk2NCC1701's picture

How is it, that GW Bush appointed him?

Yog Soggoth's picture

I kinda figured he was one of them.  These scum are going down.

greenskeeper carl's picture

I'm confused, does this apply only to current green card/visa holders? Or are they actually ordering the govt to issue more, including to refugees? I thought it was settled law that the bringing in of refugees was entirely up to the executive branch, as Obama so gleefully reminded us.

Lead_Paint_Chips's picture

Didn't Obama's policy reversal on Cubans, if we are to accept the newest ruling, amount to a "ban on brown people" from a specific country?

 

How can the two possibly be squared?

NoPension's picture

The first one is Obama. Black Boy King. Nobel Peace Prize. All That Is Good And Righteous.
Rubber Stamp. They can't wait for what HE does next.

Second, Trump.
If Trump walked across the Potomac, they'd report he can't swim.

brianshell's picture

What about all those midnight charter flights that Obama ran without so much as informing the state governors.

The judges were okay with that.

Chris Dakota's picture
Chris Dakota (not verified) NoPension Feb 5, 2017 11:39 AM

They are refusing to let us have our own country.

The message is, you have been conquered.

Smash the Left

Lead_Paint_Chips's picture

Nah, just false flag mass arrest of Yemenis w terror ties in an airport or something in the city where the ruling came from.

 

Maybe then judges will stop eating me.

- LPC

Eyeroller's picture

Get Gorsuch approved first, then appeal to SCOTUS.

BarkingCat's picture

THIS.

Trump need to be on the phone with turtle face Mitch and telling him to get the judge through the senate first thing Monday. 

 

He also need to do a press conference to explain to the nation that his executive order stands and will continue to be carried out regardless of what some district judge thinks as only the supreme court has jurisdiction. 

Then read out loud Article 3, Section 2, Paragraph 2 of the US Constitution

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction"

e_goldstein's picture

No, abolish the ninth circut and install martial law in its former territory.

This has gone beyond ridiculous, this is surreal.

Obadiah's picture

Plus they just might  "Brownstone" his ass, giving him "no-choice"

 

Browstoned = the Blackmail Act whereby the "Mark" is brought to a party with great drinks and some lovely full size ladies, and a couple not quite full size.  You can go willingly or we just scolpamine / MDA your ass and next thing you know we have you on video with a 10 year old boy.  "Do you want to see the clip Mr Roberts, or can we count on your decision?"  Maybe they poured too much into Scalia's drink and he expired?

 

Now all those late night parties at Barney Fwank's Brownstone and the Bush Team in the 80's using Boystown twinks makes sence now don't it?  Cause I was always saying how do they find all these "normal" looking dudes and next thing you know they're a pedo?  WTF?  But no doubt there's a bunch of those freaks too, no scolpamine needed.

 

Wow isn't the internet fun?

 

Power corrupts BITCHEZ

Colonel's picture

"9th Circuit is in San Fransicko."

No surprise there. It's why the lefTARDS made their move with the "judge" from Seattle. They knew they would get the uber lefTARD 9th circuit. The judicial equivalent of redistricting.

 

Kirk2NCC1701's picture

Lesson Learned: the next time, front-run the Left, by getting cases to a Right-wing Judge in a Conservative District.

Stop being so damn naive about how weaponized our Judicial system has become under Demoncrat Administrations.

And like I said, "WEAPONIZE THE NSA, to go after the sins and crimes of these Liberal perverts. Then provide the info to FBI and IRS"

cheech_wizard's picture

It was already "settled" long ago. US Code Title 8 Secton 1182.

https://www.law.cornell.edu/uscode/text/18/2384

https://www.law.cornell.edu/uscode/text/18/2385

Standard Disclaimer: There will be blood.

 

effendi's picture

Maybe that was the intention. Put it in a liberal circuit so it goes up the chain and there Trump will play his ace with the newest Supreme.

Chris Dakota's picture
Chris Dakota (not verified) effendi Feb 5, 2017 11:40 AM

They are going to delay, delay, delay his conformation.

 

Max Cynical's picture

The 9th circuit is the most overtuned court in the nation, but we only have a 4:4 Supreme Court at this time. If the Supreme Court rules 4:4, which is highly likely, the lower court ruling stands.