Trump Will Not Appeal Travel Ban Ruling To Supreme Court, Priebus Denies

Tyler Durden's picture


In the latest moment of confusion for the new administration, chief of staff Reince Priebus said the administration was still considering an appeal to the Supreme Court after a lower court soundly rejected its request to reinstate the order. Priebus's statement came one hour after a White House official said it was not planning to challenge the Ninth Circuit Court of Appeals ruling upholding a temporary restraining order (TRO) blocking the ban, while Trump himself has said a new order on security could come next week.

Priebus told The Washington Post that "every single court option is on the table, including an appeal of the Ninth Circuit decision on the TRO to the Supreme Court.

In short, the situation remains fluid.

* * *

What a difference a day makes.

Less than 24 hours after an angry Trump tweeted "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!" in the aftermath of yesterday's adverse Appeals Court ruling...

... the President has changed his mind and has decided not to see anyone in court - if only for the time being - because according to Reuters, his administration is not currently planning to appeal the temporary hold on his travel ban to the Supreme Court, a White House official said Friday according to multiple media sources.

The official noted, however, that the White House said it will forge ahead on the broader battle against a lawsuit challenging the executive order, if out of court.

Which means, that as per the steps we laid out last night, the administration will now prepare a brand new immigration order. Trump hinted as much earlier in the day when during his press conference with Abe, he said  "We’ll be doing something very rapidly having to do with additional security for our country; you’ll be seeing that sometime next week," Trump said with Abe by his side. He offered no specifics.

He then added "we are going to keep our country safe," he said on Friday. "We are going to do whatever’s necessary to keep our country safe." He added he would continue to fight for the travel ban in courts, and that "ultimately, I have no doubt we will win that particular case."

Trump later told reporters aboard Air Force One that he would likely wait until next week to respond with legal action. “Perhaps Monday or Tuesday," he said.  Trump earlier Friday hinted a new order could be in the works, but he declined to detail what it would look like.

And so, while his travel ban is held up in court, Trump said he is considering ordering his staff to draft a new executive order that will have an easier time clearing legal hurdles.

“We also have a lot of other options, including just filing a brand new order,” he told reporters on the presidential aircraft.

Trump indicated that no final decision has been made to write a new order or make tweaks to the existing one.  “It very well could be,” when asked if he will issue a new order. “We need speed for reasons of security, so it very well could be." The president said a possible new action would stick by his core principle that refugees and travelers from countries should be subject to “extreme vetting.”

"New security measures,” he said when asked about potential revisions. “We have very, very strong vetting. I call it extreme vetting and we're going very strong on security.  We are going to have people coming to our country that want to be here for good reason."

As a result, the most likely next step: Trump will issue a new executive order that explicitly omits green-card holders from the travel ban in an effort to head off legal challenges.

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1980XLS's picture

Hopefully a foolproof re-implementation is in the works.


Don't quit on us Donald

Countrybunkererd's picture

burn it. burn the whole thing to the ground.

847328_3527's picture

He keeps throwing them off distracting with one hand while with the other he's creating jobs, etc.

Chris Dakota's picture
Chris Dakota (not verified) 847328_3527 Feb 10, 2017 5:39 PM
Trump nixes Elliott Abrams for State Department job

Thank God!

knukles's picture

                           -TRUMP 20:16

A82EBA's picture

lol pull your own weight bitches

beemasters's picture

Any president who honestly wants to keep America safe would bring the troops home and defend it, instead of antagonizing other nations while banning their people from entering the US soil. More importantly, he should cut away from Israhell, stop funding them and stop selling weapons to the Middle East. But we know those ain't gonna happen. Sadly, the perception of 'keeping America safe' seems to suffice.

Zer0head's picture

Welcome to Justin Trudeau's Canada

Man who beheaded and ate passenger on Greyhound bus granted freedom


Published Friday, Feb. 10, 2017 5:26PM EST

Save_America1st's picture

Why doesn't/can't Trump just have a Constitutionally legal bill drafted right away to stop specific immigration or illegal invasion under specific circumstances and send it to Congress?  Force the CON-gress critters to take a stand along with Trump!  Make them show who they are for all to see.  Either they're with him and with national security under these critical circumstances, or their against all that even if they have a fucking (R) next to their name.  Those are the ones who will be truly tested under a vote for the strictest illegal invasion laws.  If they vote "no" and side w/ the treasonous Demonrats, then they're fucked big-time in the next mid-year elections.  Then Trump will ultimately have the type of Congress that the people really want who will act properly, quickly, and Constitutionally on our behalves.

Force it on the House and Senate and make them vote yes or no. 

The ultimate way to expose these treasonous, sociopaths

ACP's picture

There is already a constitutional law allowing Trump to block ANY group from entering the country. The judges just don't like it, so they blocked it.

I would just change the EO to include dates..."effective for visas issued from Jan 1 2016 to Feb 10 2017" or something, and put it into place immediately. If that one is blocked, change the dates slightly and re-issue. Keep doing this until Gorsuch is in SCOTUS.


Save_America1st's picture

yeah, exactly....just create a new law now based on what's already on the books...add in some more hard-core shit and force the Swamp Dwellers to prove who they are.  Put it all on them and watch the fucking show.

Stinkytofu's picture

how about a new EO that bans all immigration from all countries immediately.

that's fair.  everyone is banned.

countries will be added to a list of approved immigrant countries once a

comprehensive analysis is completed, submitted to congress, and voted

on......(dems will like it......a staight up or down vote!)....on a country

by country basis. 


Save_America1st's picture

well that's why I want the CON-gress Critters to be forced into voting on a new real law rather than just another Executive Order.  Most EO's are not constitutional in the first place.  And all of them can be overturned by the next guy if he wants to.  So Trump is going to use EO's to undo a lot of old EO's, but the next guy can just as easily undo Trump's EO's and create the old ones all over again. 

If a new hardcore law is put on CON-gress and if they buckle under the pressure and pass it, then at least we have something with teeth that is law and can't easily be overturned by the next guy's EO's. 

Plus if it doesn't pass then it exposes any RINO scumbags for who they are and then the states work their asses off for the next mid-term elections to get those scumbags out of office.

xythras's picture

TRUMP needs to clean the country ASAP. Any means necessary.

During 8 years Odumbo planted too many muslims where only true americans belong.

Trump BUSTS Major Islamic Spy Ring, Evidence Points to Obama

Chris Dakota's picture
Chris Dakota (not verified) ACP Feb 11, 2017 1:45 AM

They say Trump is working 20 hrs per day.

Stop it Donald!

Don't burn yourself.

Take breaks, take naps, cut off sometimes.

We need you to stay healthy.

OregonGrown's picture

FUCK NO...... Winners work hard!  


Winners DONT burn out after 3 weeks!  This man has been prepping for this moment, his entire life!  


There is alot of work to be done, for no one has really worked that job in decades!




Sit down and write out a bulletproof EO that cant be contended by ANY harelipped, two-bit judge!!!


It will be faster than going through appeal after appeal!

Anon2017's picture

The Republican controlled Congress could always amend the 1965 immigration law to give Trump what he wants. Too many controversial Executive Orders make Trump look like a Third World dictator.

Manthong's picture


He is surrendering!

Oh wait, no….

..maybe he is going to smack down and bypass the MF liberal whacko judiciary.

The Saint's picture
The Saint (not verified) Manthong Feb 10, 2017 7:51 PM

Trump just signed a new Executive Order:

The 9th Circut Court of the United States has just been disbanded and federal warrants issued for 3 of the judges.

~ President Donald Trump


nmewn's picture

It is interesting looking at the last five impeached federal judges...

Harry E. Claiborne, U.S. District Court for the District of Nevada. 
Impeached by the U.S. House of Representatives, July 22, 1986, on charges of income tax evasion and of remaining on the bench following criminal conviction; Convicted by the U.S. Senate and removed from office, October 9, 1986. 

Alcee L. Hastings, U.S. District Court for the Southern District of Florida. 
Impeached by the U.S. House of Representatives, August 3, 1988, on charges of perjury and conspiring to solicit a bribe; Convicted by the U.S. Senate and removed from office, October 20, 1989. 

Walter L. Nixon, U.S. District Court for the Southern District of Mississippi. 
Impeached by the U.S. House of Representatives, May 10, 1989, on charges of perjury before a federal grand jury; Convicted by the U.S. Senate and removed from office, November 3, 1989. 

Samuel B. Kent, U.S. District Court for the Southern District of Texas. 
Impeached by the U.S. House of Representatives, June 19, 2009, on charges of sexual assault, obstructing and impeding an official proceeding, and making false and misleading statements; Resigned from office, June 30, 2009. On July 20, 2009, the U.S. House of Representatives agreed to a resolution not to pursue further the articles of impeachment, and on July 22, 2009, the Senate, sitting as a court of impeachment, dismissed the articles. 

G. Thomas Porteous, Jr., U.S. District Court for the Eastern District of Louisiana. 
Impeached by the U.S. House of Representatives, March 11, 2010, on charges of accepting bribes and making false statements under penalty of perjury; Convicted by the U.S. Senate and removed from office, December 8, 2010.

...four dims and one pug.

Must be something in the koolaid they drink ;-)

Lynx Dogood's picture

Good stuff. Thaanks for your time!!

philipat's picture

I can't figure out why Trump is investing so much political capital in this unless it is an important obfuscation to cover other objectives being oursued? Regarding immigration, it doesn't even need a new EO as this could all be done quitly using "Administrative procedures". Has nobody noticed that Governments are very good at tying things up in red tape to delay things indefinitely? Requirement for a mass of documents would be one very simple way to delay immigration from selected countries?

nmewn's picture

It ain't over... 

THOMAS, Chief Judge and En Banc Coordinator: A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the >>>three judge<<< motions panel on February 9, 2017, should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. The briefs should be filed on or before 11:00 a.m., Pacific time, on Thursday, February 16. The supplemental briefs shall be filed electronically and consist of no more than 14,000 words. See General Order 5.4(c)(3). 

...the fat lady's just warming up her pipes ;-)

Now some would ask why would they do this, didn't the "progressives win"? 

Well, actually no. The progs didn't "win"...they have once again fucked around with something they understand little about and should have left alone to begin with namely, the Constitutional authority of the Executive branch to do exactly what he did.  

(Advisory...pdf below)

WillyGroper's picture

 Matt Bracken was on infowars with an interesting lobster trap angle...these judges, chuckie, piglosi have taken the bait & just owned the next "incident."  

so, are we bound to have some of bammy's imports up to mischief or a home grown gladio to get these maggots out of office in '18?

get'n interesting.

dt needs to get rid of rinse penis.

TwelveOhOne's picture

After watching Reince Preibus change the RNC rules that were supposed to be changed four years later, back in 2012 to keep Ron Paul out -- I was surprised to find him in President Trump's cabinet.  Hopefully he was brought on as firing material.

Carpe Tutti Bastardi's picture

WHY only 3?

I am sure many more, if not all of them, (there are I believe 29 of them in (3) groups of 10,10 & 9 that rotate in selection)

deserve to be served with warrants.

After all, they have been overturned 80% (EIGHTY PERCENT) of the time. So how good could they be?

thebigunit's picture

Maybe not.


Mark Levin pointed out that the Circuit Courts are created by Congress and can be changed by Congress.

I understand that the lawsuits by the States against the  temporary immigration ban are invalid because the States  do not have standing and the courts do not have jurisdiction over executive orders or national security issues.  In other words, it's a judicial mess.

Also, I think Obama/Clinton holdovers in the DOJ and State Department bollixed up the executive order and created the mess either out of incompetence or sabotage.

I would not rule out the possibility that Trump will:

  1. fire, arrest and prosecute some DOJ and State Department bureaucrats for official misconduct.
  2. ask Congress to impeach some federal judges, particularly on the Ninth Circuit, for judicial overreach
  3. ask Congress to reform the Circuit courts by shrinking the Ninth CIrcuits jurisdiction to Fresno, California and creating two new circuit courts, one for northern California based in Boise, Idaho, and one for southern California based in Pahrump, Nevada.

This will improve condidtions in the swamp.

johngaltfla's picture

Uh, gang, the world just spun again backwards on its axis. One of the judges on the 9th Circuit has requested an en banc hearing on the ruling by the 3 judge panel and the "travel ban." Just wow. Briefs must be filed by the 16th:

BREAKING NEWS: 9th Circuit Court Judge Requests Full En Banc Hearing on Travel Ban
Bigly's picture


True, we 3 are braindead statists, but I put down my bong for 10 minutes just niw and realized I ruled on a dream I had two nighrs ago, not the papers in front of me....oops

johngaltfla's picture

LOL, it wasn't one of those 3 judges, that I can guarantee.

Bigly's picture

Someone just realized they did something unhealthful towards their career, freedom...or 'well being' is my guess

johngaltfla's picture

Or that they are risking having their little monopoly on the West Coast divided up by adding a 12th Circuit containing AZ, NV, UT, MT, and ID.

Regardless, this is most unusual when there is a Constitutional crisis building.

weburke's picture

trump DOES have a constitutionally legal action. He took it, the liberals are playing a lie.

Chris Dakota's picture
Chris Dakota (not verified) Save_America1st Feb 10, 2017 11:37 PM
Dr. Steve Pieczenik: It Is Not Civil War, It is Gurgling Of Dying

He says its over for the left, finito!

so laugh them off and enjoy the weekend, America won!

moriarty's picture

I’m a Brit watching this unfold and I wish for all that most on here wish for.

In my opinion Trump does not need to do anything. Sooner or later one of the latest batch of immigrants let in (since his order has been struck down) to fuck up and steal some old ladies hand bag or worse. And he will have cart blanch to do whatever he wants.

 “If you wait by the river long enough, the bodies of your enemies will float by.”

? Sun Tzu


nmewn's picture

The left is like a bunch of monkeys with a can and a can opener.

They have no idea what the can opener should be used for or even if they really REALLY want whats inside that particular can...but...sooner or later the persistent little buggers eventually get the can open by banging it on some, this is the fun part...watching them screwing around with the   

But this is one can the monkey's are going to wish they never opened, as just because some Syrian or Yemeni is sitting around with a green card in his pocket while he's shooting at people doesn't grant him special privileges or rights as a potential "student", immigrant EBT card "customer" or Silicon Valley "employee".

The un-elected black robed monkey's wouldn't know about his previous occupation of shooting at people, would they? Thats not their job to know and they have no way of knowing.

They just know he has that green card ;-) 

jcbudmo's picture

Agreed re Trump. But:

If you wait by the river for long enough, your enemy will successfully take all your lands and leave you with the riverside.

Giant Meteor's picture

Cooked or raw?

I stipulate in advance that this is likely in "poor taste."

Chris Dakota's picture
Chris Dakota (not verified) Zer0head Feb 10, 2017 7:59 PM

Trump to file a new travel ban, they will let this one die.

caconhma's picture

The Trump administration has lost a big one. For all practical reasons, The Trump Presidency is finished.

Now game is simple: Trump will write new executive orders and ALL of them will be killed by judges. 

The real question: Is how long will this clown and buffoon  reside in the White House? The longer Trump is in the White House the higher chances for America to fall into a civil war!

max_leering's picture

WTF!!... Trump prez is done?... he's barely started to change the things 62.7 million voted for... civil war is inevitable, Trump or no Trump... we are at that point now where it will only take one major change, like EBT card revocation for the free shitters, or mass, and I mean MASS, deportations of illegals... once his entire Cabinet is in place (close now), look for mass arrests of people who are enemies of the state, and we all know who they are... the left will fucking explode, riot uncontrollably like the pussies they are, and they'll get put down like the dogs they bark like... whether by LEOs or me and my rifle, I could give a shit less... it'll be "law and order" time in America

Chris Dakota's picture
Chris Dakota (not verified) caconhma Feb 10, 2017 11:38 PM

9th Circut Court has decided to have a full panel review their own decision.


They figured out they may be hanging themselves.

No civil war, America won and you lost.

All you have are homosexual skinny guys in skinny jeans and black masks that run when the tame weapons come out.

thebigunit's picture

Oh.  So you imagine we are living in the dictatorship of the judges.

Trump will write new executive orders and ALL of them will be killed by judges. 

The executive branch CAN ignore judicial decisions.

Congress CAN impeach judges.

Congress CAN reorganize the circuit courts. It can decide the Ninth Circuit Court is permanantly dysfunctional and create a new CIrcuit COurt.

Bigly's picture

New travel ban on **all** non-citizens.

Fixed it.  Not racist, classist or discriminatory on religions.


They want it.  They got it.  Extreme?  Only in that he was barred from the less extreme option.


Fuck you, snowflake commies 

Chris Dakota's picture
Chris Dakota (not verified) Zer0head Feb 10, 2017 8:03 PM

Part of the illness is they refuse to take the medication.

This mother is right.

I think he should be executed.

Sorry it's time to get real.

barndoor's picture

FAKE NEWS - he tweeted "I'll see you in court"!!!!

max_leering's picture

tweet said "see you in court"... fixed it 

lovemesomeZH's picture

last night, the 9th court asked both sides for more information/briefs, also, wanted to know by both sides if they wanted more of the 27 judges on the panel for further review of travel ban. it's not actualy over in the 9th circus court.