Posted on 02/13/2017 6:18:07 AM PST by Pinkbell
Washington state's attorney general has promised to uncover "what truly motivated" President Donald Trump's executive order on immigration, an approach that could prompt a rare public examination of how a U.S. president makes national security decisions.
The presidential order imposed a temporary ban on travelers from seven predominantly Muslim countries, but a federal judge has barred enforcement of the order while the court considers a challenge brought by Washington state.
On Thursday, the U.S. Court of Appeals for the 9th Circuit left the judge’s ruling in place without deciding the ultimate merits of either side’s arguments.
In its decision, the 9th Circuit cited a previous case establishing that “circumstantial evidence of intent, including … statements by decision makers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.”
The Trump administration has argued that the ban is necessary to prevent potential terrorists from entering the country and is not discriminatory because the text of the order does not mention any particular religion.
Washington Attorney General Bob Ferguson signaled on Sunday that he will move aggressively to obtain written documents and emails authored by administration officials that might contain evidence the order was unconstitutionally biased against Muslims or Islam. He also said he would also move to depose administration officials.
Legal scholars say this could move the court into uncharted waters.
"The idea of looking at motive has never really been applied to the president," said John Yoo, a former Justice Department lawyer in the George W. Bush administration.
"It would represent a serious expansion of judicial oversight of what the president and the entire executive branch does," said Yoo, now a professor at the University of California at Berkeley School of Law.
(Excerpt) Read more at msn.com ...
My God... they’re looking for thought crime
Knowing history I am praying that cooler heads prevail, also knowing history the control freaks will push until this becomes necessary- civil wars are not civil, my father told me 20 yrs back that he foresaw this my lifetime.
If civil war comes to pass this one will make the CV1 look like precursor to hell, because CV2 will be hell - to use a euphemism from WW1 I saw the elephant- no family will ESCAPE the hell that will be unleashed, I pray that civilization steps back from this war
No one in their right mind wants what is coming down if this breaks out in war, no winners but damn near many losers
His “intent” has nothing to do with the law. This is ridiculous and a clear case of overreach by the courts.
This is a way to hamstring the executive in fulfilling its national security role!
....................................................
This is a way to overthrow the Constitution by usurping the Executive Branch of our Government. A three-legged stool automatically falls when one leg is removed. By the court overstepping into the Constitutionally created Executive Branch it destroys the Constitution. That is their Communist Objective! These three judges should be TRIED for Attempting to Overthrow the Government which is TREASON right along with the original judge Robarts who started this mess.!
On the other hand, this may be the very example needed to clean up the Marxist courts who have been running away with our liberties unchecked!
I continue to fail to understand why he did not simply ignore the court - they have no power to review and no one has standing to bring a case.
..........................................................
I think he is letting the court HANG THEMSELVES from the TREE of TREASON. The court is attempting to overrule the Executive Branch of Government, thereby destroying the power of the Executive as accorded by the Constitution. They are exceeding their authority as the Judicial Branch and must be demolished.
Their objective is the destruction of the Constitution so they can instill MARXISM.
Tar, Feathers - Mix well and bring to a boil.
Add Marxist scaumbag judges and lawyers.
Remove from heat and serve out of town a rail!
IF ANY judge-politician-reporter-network anchor- needs to ask this question after all the activities since 9-11-2001, none of them deserve to hold any such positions.
Jimmah Carter stopped travel from Iran in his administration.
Clinton banned travel from some countries during his administration.....
I don’t remember a peep from the left......
Let's not probe Obama's intent for signing the bill into law.
But by all means, let's probe Trump's attempt to faithfully execute the law.
-PJ
Intent is irrelevant. The only relevant issue is “does POTUS have the power under the law to determine who and how many non-citizens are to be allowed into the country at any given time”? If he does, case closed. If he doesn’t, what lawful precedent can you cite to dispute historically accepted evidence that he does? Slam dunk win for POTUS.
Thanks for the correction
Am I wrong in thinking the law does not speak to intent? Since that would require claiming to know the president’s state of mind and subject any executive action to such review? President Trump executed a lawful order under the authority given to him in statute by congress. The obvious intent was clear to any sane person. His personal motivation for such is irrelevant.
“In its decision, the 9th Circuit cited a previous case establishing that “circumstantial evidence of intent,”
This has been discussed elsewhere and the cases cited were not comparable. They dealt with the history of legislative actions not executive ones.
He is the tragic accident.
This will set an interesting precedent. Let’s find a judge to order an investigation of some of the weirder behavior we saw during the Obama administration. Maybe figure out why Barack was so keen on shoving gay and transgender crap down America’s throat.
I want to know what the 9th Circus judges’ intent was.
Washington state’s attorney general has promised to uncover “what truly motivated” President Donald Trump’s executive order on immigration,
Wow, you have to be that special kind of stupid to not know the motivation. He campaigned on it he talked about it frequently and when he issued the order he stated quite clearly the reason why. But hey keep this political bullcrap up. The more you do it the more you lose come the mid-term elections.
I leave words out and mangle the language with regularity.
Take care.
Divide Washington into two states at the Cascades.
House Joint Resolution 4000, introduced by state rep Matt Shea of Spokane, proposes just that. There's a pretty good article about it in yesterday's Spokesman News: link.
The proposed 51st state would be called "Liberty" and the capital city would be called "Opportunity".
Similar legislation was introduced in 1915, 1985, 1991, 2005 and 2015. Suffice to say, the conservative east side of the state has been trying to divorce itself from the moonbat west side for a very long time.
Unfortunately, the legislation's co-sponsor, Sen Bob McCaslin, is quoted as saying: "Does Liberty have a chance this year? Absolutely not, it doesn't stand a chance."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.