Sunday, February 05, 2017

Justice Department Appeals Blocked Travel Ban

Justice Department Appeals Blocked Travel Ban

by Stephen Lendman

A blizzard of Trump tweets addressed the issue. See below. His entry into America suspension, targeting seven predominantly Muslim countries created an international firestorm.

It was a terrible move, unconstitutional, politically motivated, unrelated to its stated purpose. 

Instead of backing off, he’s contesting to get a judicial stay overruled on appeal, a case likely heading for Supreme Court resolution. 

Or perhaps not with only eight justices. If the Court divides four - four, the lower court’s ruling stands, defeating Trump’s effort to reverse it.

US District Judge for the Western District of Washington James Robart imposed a nationwide temporary restraining order (TRO) on Trump’s EO. He’s considering whether to invalidate it in the coming weeks.

Here’s what Trump tweeted, a blizzard of comments, an attempt to win an appeal so his order will stand:

“A new radical Islamic terrorist has just attacked in Louvre Museum in Paris. Tourists were locked down. France on edge again. GET SMART U.S.”

“We must keep ‘evil’ out of the country.”

“When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security - big trouble!”

“Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it's death & destruction!”

Note: He’s largely referring to racist Israeli and Saudi policies, disgraceful ones the world community should condemn.

“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”

“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.?”

“Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision.”

“Why aren't the lawyers looking at and using the Federal Court decision in Boston, which is at conflict with ridiculous lift ban decision?”

“The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!”

Whether hyperbole works to overturn the district court ruling remains to be seen. Either way, his racist order can’t be erased from the minds of affected people - millions of decent human beings, not terrorists.

Muslims traveling to America or seeking asylum or refugee status pose no national security threat. Claiming otherwise vilifies people for their faith and national origin.

A Final Comment

Pre-dawn Sunday, the Ninth US Circuit Court of Appeals rejected the Justice Department’s request for an immediate lifting of the lower court’s blocked travel ban, saying:

Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.”

The appeals court asked Washington state and Minnesota to respond to its ruling on Sunday, the Justice Department to submit a counter-response on Monday.

The waters remain muddied on what’s next. Legal battles remain, perhaps joined by other states. If enough ally against Trump’s order, it may be doomed.

Stephen Lendman lives in Chicago. He can be reached at 

His new book as editor and contributor is titled "Flashpoint in Ukraine: How the US Drive for Hegemony Risks WW III."

Visit his blog site at 

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