ACLU lawyer Travel ban constitutional if it were passed by Hillary instead of Trump

jeffblue101

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http://www.americanthinker.com/blog...be_const itutional_if_hillary_issued_it.html
http://www.redstate.com/streiff/201...make-trumps-travel-ban-completely-acceptable/
An ACLU lawyer arguing against the Trump travel ban in the Fourth Circuit Court of Appeals on Monday told a federal judge that the executive order initiating the ban would have been constitutional if a President Hillary Clinton had issued it.

The lawyer cited Donald Trump's campaign rhetoric as demonstrating "animus" thus delegitimizing the order. The judge was understandably perplexed.


Judge Paul Niemeyer: If a different candidate had won the election and then issued this order, I gather you wouldn’t have any problem with that?

Jadwat dodged on directly answering the question at first, but Niemeyer persisted, asking the question again.

Jadwat again tried to avoid the question, asking for clarification on the hypothetical, but Niemeyer once again demanded an answer.

Judge Paul Niemeyer: We have a candidate who won the presidency, some candidate other than President Trump won the presidency and then chose to issue this particular order, with whatever counsel he took,” “Do I understand that just in that circumstance, the executive order should be honored?

ACLU lawyer:Yes, your honor, I think in that case, it could be constitutional,”



liberals no longer care about the rule of law, all they care about is obtaining enough power to turn America into another communist dystopian society.
 

Rusha

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http://www.americanthinker.com/blog...d_be_constitutional_if_hillary_issued_it.html
http://www.redstate.com/streiff/201...make-trumps-travel-ban-completely-acceptable/



liberals no longer care about the rule of law, all they care about is obtaining enough power to turn America into another communist dystopian society.

It was presented as a RELIGIOUS ban ... not a basic travel ban. We know this due to Trump's bragging on the campaign trail about how he would ban Muslims from America. Any other candidate (with self-control) wouldn't have used the rhetoric that Putin's candidate used. EOS.
 

Nick M

Black Rifles Matter
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Trump said nothing about banning muslims (but he should). He said extreme vetting from the terror states listed by former President Obama.

You filthy liar.
 

Nick M

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In fact, the religious test is US law for immigrants. By the way.....Here is the left claiming they have the authority as President (he does) to control immigration.

 

Nick M

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For the record, I have been saying for quite a few years now not to use google, twitter, facebook, or any other leftist propaganda machine. When You type into google "religion test US immigration law", the law doesn't come up. So I am giving you the link directly.

the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182(a)(3)(B)(i) of this title or section 1227(a)(4)(B) of this title (relating to terrorist activity), unless, in the case only of an alien described in subclause (IV) of section 1182(a)(3)(B)(i) of this title, the Attorney General determines, in the Attorney General’s discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or

It is the Executive branch and their discretion to determine such things.
 

ok doser

lifeguard at the cement pond
muslim countries:
mus-10.png



travel ban countries:

170129023207-travel-ban-7-muslim-nick-paton-walsh-lklv-00002701-exlarge-169.jpg



somebody needs to print this off, wrap it around a baseball bat and beat that scumbag lawyer over the head with it until he understands


or until he agrees to stop being a scumbag lawyer
 

annabenedetti

like marbles on glass
It was presented as a RELIGIOUS ban ... not a basic travel ban. We know this due to Trump's bragging on the campaign trail about how he would ban Muslims from America. Any other candidate (with self-control) wouldn't have used the rhetoric that Putin's candidate used. EOS.

When Trump's campaign promise to ban Muslim entry was brought up in yesterday's hearing, the campaign reference was found to have been mysteriously scrubbed from the website.

Sally Yates was simply amazing. And it's possible she was fired for her unheeded warning about Flynn - and the travel ban issue (and she was constitutionally in the right, based on Trump's own words making it about religion) provided the cover.
 

Rusha

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When Trump's campaign promise to ban Muslim entry was brought up in yesterday's hearing, the campaign reference was found to have been mysteriously scrubbed from the website.

No .... that simply could not be! :noway:

Sally Yates was simply amazing. And it's possible she was fired for her unheeded warning about Flynn - and the travel ban issue (and she was constitutionally in the right, based on Trump's own words making it about religion) provided the cover.

Indeed, she was amazing, and I enjoyed her wiping that smug look off of Ted Cruz's face. :) I don't buy the lie that she was fired for refusing to enforce Trump's unconstitutional MUSLIM ban. She, like U.S. Attorney Preet Bharara, were both fired because they know too much about Trump's and his teams illegal dealings, and he thought he could shut them up.
 

kmoney

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"Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on," a campaign press release said.

The Trump Administration has said this ban is necessary for security reasons until they can review things. I'm curious if that review is going on. It was supposed to be a temporary ban. Have they been working on figuring out what's going on? If so then depending on how long this stays in limbo and what they find the ban may not be needed anymore. :plain:
 

ok doser

lifeguard at the cement pond
i haven't read the particulars of the ban - did it specify "muslims" from those particular countries?
 

rexlunae

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http://www.americanthinker.com/blog...be_const itutional_if_hillary_issued_it.html
http://www.redstate.com/streiff/201...make-trumps-travel-ban-completely-acceptable/



liberals no longer care about the rule of law, all they care about is obtaining enough power to turn America into another communist dystopian society.

The judge was interrogating whether or not the campaign statements made by Trump were sufficient to conclude that the ban was a Muslim ban. It's a difficult question, and a potentially slippery slope, but an important one to get clear. I don't blame the judge for pushing, and I don't blame the lawyer for squirming.

Tell me. Suppose there were a political movement targeting Christians, and suppose a candidate for office promised to enact some punishment against Christians, but when they got into office, they found some proxy attribute to target that captured most Christians but left some out. Would you want the law to protect them? Would you want a court to see through the obvious ruse?
 

Nick M

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The Trump Administration has said this ban is necessary for security reasons until they can review things. I'm curious if that review is going on.

There is no temporary ban. He said extreme vetting, as I showed with the law I quoted.
 

annabenedetti

like marbles on glass
The Trump Administration has said this ban is necessary for security reasons until they can review things. I'm curious if that review is going on. It was supposed to be a temporary ban. Have they been working on figuring out what's going on? If so then depending on how long this stays in limbo and what they find the ban may not be needed anymore. :plain:


I don't think they've been able to figure out anything that's going on. They just lurch from one crisis to the next.
 

jgarden

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Trump said nothing about banning muslims (but he should). He said extreme vetting from the terror states listed by former President Obama.

You filthy liar.

We are all well aware as to whom are the true "filthy liars!"

Trump was already registering low in the polls - with the 2018 Midterms, Republicans in the House will realize which way the political winds are blowing and start distancing themselves from this President in droves.

Embroiled in this Constitutional crisis of his own making, Trump's Administration will "circle the wagons," reverting to survival mode - leaving healthcare, tax reform and infrastructure legislation in "limbo!"
 

jeffblue101

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http://www.nationalreview.com/artic...-activist-judges-fail-model-democratic-values
Reasonable people can disagree with the policy merits of the ban, legally, morally, politically, and strategically. But what I find troubling is the way various judges have taken to acting like pundits weighing in on Trump’s campaign rhetoric. For instance, Hawaii judge Derrick Watson of the Ninth Circuit responded to the idea that Trump’s past utterances are irrelevant with this preening statement: “The court will not crawl into a corner, pull the shutters closed, and pretend it has not seen what it has.”

Historically, paying such deference to political rhetoric is highly irregular. The motivations of politicians, real or perceived, are not normally given any weight and virtually never disqualify legal language “between the four corners of the page” — the text of the executive order itself, in this case

If you’re a student of history, you might have noticed that even before Trump, candidates often promised grandiose, irresponsible, or silly things on the campaign trail. Once elected, they discover they can’t deliver. And that’s a good thing. This is how democratic norms, formal and informal, are supposed to work.

Barack Obama was once a vocal fan of single-payer health care. Imagine the outrage if judges ignored the text of Obamacare and invalidated it on the grounds that his campaign rhetoric proved his real intent.
 

annabenedetti

like marbles on glass
When are the Trump supporters going to finally realize what they've done? They wanted to see "what would happen" if Washington was turned on its head. Now we're mired in a MAGA swamp of their own making, filled with the muck of collusion, corruption, emoluments, and tin pot despotism, while the world watches the linchpin of global stability work itself loose from its moorings. This is your disaster, you get to own it, even though you'll keep running back again and again to Hillary and Obama for reassurance that you did the right thing.
 
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