Judge’s order to block Trump’s immigration travel ban is ridiculous
by Jon Rappoport
February 5, 2017
The Judge is playing games. He’s lying.
He obviously doesn’t like Trump’s immigration travel ban, so he’s cooking up reasons for slapping a temporary restraining order on it.
A freshman in law school could point out holes in those reasons big enough to drive a fleet of trucks through.
On February 3rd, Judge James Robart issued his order (Case 2:17-cv-00141-JLR Document 52 Filed 02/03/17 Page 1 of 7): he temporarily restrained the federal government from enforcing Trump’s immigration travel ban.
The Judge’s order is absurd for several reasons.
First of all, objections to Trump’s ban were entered into the court by the States of Washington and Minnesota, as the “injured parties.” But Judge Robart announced his decision would affect all States—the whole country—because immigration law must be applied “uniformly” across the board.
Perhaps, but nowhere is it stated that a temporary restraining order (TRO) issued by a judge must be applied uniformly across the whole country.
Since when is a TRO the same as a law?
Speaking of law, no final legal/constitutional decision has been rendered re Trump’s Executive Order on immigration. It’s still up for grabs. The Judge is just writing script to suit his bias.
The Judge may not like Trump’s ban; clearly, he does not. The Judge may believe the ban will be overturned by a higher court because it is unconstitutional. The Judge may think Trump is committing an immoral act. But all that is beside the point. The only thing Judge Robart was empowered to do was issue a TRO or not issue a TRO. Period.
Why should he have the right to apply his TRO, not a law, to the whole of the United States? Maybe he’s a god we haven’t been told about. If so, I’d like to see the evidence.
Next point: The judge made a number of comments to justify issuing his the TRO: “The States are likely to suffer irreparable harm in the absence of [my] preliminary relief [restraining order].”
That is absurd on its face. Irreparable harm? This means harm that can never be fixed? Come on. The Judge may as well have said, “I’m biased. I don’t like Trump’s EO and I don’t like him. So when I said ‘irreparable’, I exaggerated by a few thousand miles. Ha-ha.”
The Judge wrote: “The EO [Trump’s Executive Order limiting immigration] adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel.”
More fluff, nonsense, and outright deception. Does the Judge seriously expect us to believe that the banning of 35,000 more refugees than the 2016 federal cap is going to decimate the States?
(In his EO, Trump wrote: “I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.” An NPR political editor stated: “For 2016, the cap was 85,000.” The difference is 35,000.)
Judge Robart wrote: “In addition, the States themselves are harmed by virtue of the damage…inflicted upon the operations and missions of their public universities…as well as injury to the States’ operations, tax bases, and public funds.”
Same objections as above. Judge Robart is stretching the truth to the breaking point. His definition of “harm” and “irreparable harm” are coming from his private dictionary of exaggerations. He’s winging it.
Case closed.
Except it isn’t.
A Judge who can take powers not granted to him, who can invent, out of whole cloth, dire consequences where none exist, is hustling the system he’s sworn to defend.
(To read about Jon’s collection, Power Outside The Matrix, click here.)
Court documents for Case 2:17-cv-00141-JLR:
1. Exhibit A, Trump’s Executive Order:
https://www.documentcloud.org/documents/3438902-Executive-Order.html
2. Attorney General of Washington State’s complaint asking Fed Judge for a temporary restraining order to bar Feds from carrying out Trump’s Executive Order:
https://www.documentcloud.org/documents/3442904-TRO-Request-Ferguson-v-Trump.html
3. Feds rebuttal to the above:
https://www.documentcloud.org/documents/3443747-Admin-Response-to-Ferguson-TRO.html
4. The Judge’s granting of the temporary restraining order — and granting it nationwide:
https://www.documentcloud.org/documents/3446391-Robart-Order.html
5. The Feds’ appeal to the 9th Circuit (in San Fransisco) to restore the Trump immigration ban:
Comment by Washington Post: “The government argued the district court’s injunction on Trump’s ban was ‘vastly overbroad’ and was ‘accompanied by virtually no legal analysis.'”
6. 9th Circuit order denying initial appeal by Feds:
Comment by Washington Post: “The 9th Circuit issues its response to an emergency motion filed by the Justice Department to immediately reinstate the executive order calling for a travel ban.” [Note: 9th Circuit schedules the Appeal to reconvene on Monday, Feb 6.]
Jon Rappoport
The author of three explosive collections, THE MATRIX REVEALED, EXIT FROM THE MATRIX, and POWER OUTSIDE THE MATRIX, Jon was a candidate for a US Congressional seat in the 29th District of California. He maintains a consulting practice for private clients, the purpose of which is the expansion of personal creative power. Nominated for a Pulitzer Prize, he has worked as an investigative reporter for 30 years, writing articles on politics, medicine, and health for CBS Healthwatch, LA Weekly, Spin Magazine, Stern, and other newspapers and magazines in the US and Europe. Jon has delivered lectures and seminars on global politics, health, logic, and creative power to audiences around the world. You can sign up for his free emails at NoMoreFakeNews.com or OutsideTheRealityMachine.
I don’t care how any stupid judge blocks the despicable ban. This ban is illegal to begin with
Hogwash! The only part you got right was stupid judge. According to the judge he can over rule the president anytime he wants to. If we’re at war with North Korea, he would think he could allow them in too. His reasoning is off the wall and there isn’t one shred of law to back it up anywhere on earth, except maybe North Korea.
8 U.S. Code § 1182 – Inadmissible Aliens
“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
Excellent Trico. Hope Trump’s people got on this.
And someone needs to follow the potential money trail dribbling off the judge. Jon nails it every time.
Then why were ever issued visas?
A visa is not a get out of jail free card. It is not an absolute.
A visa ‘IS’ a conditional permission to enter into and in some cases work temporarily within the visiting country.
As I say it is conditional; and can be revoked at anytime without permission, without consent by any immigration officer of the visiting country. If the visa/s are suspected of being hastily applied, or not fulfilling the prerequisites of said visa, they can be immediately revoked. A thorough vetting can be ask for by said immigration officer without predjudice until the the requirements for the issuance of the visa are met.
Un-met criteria could and might include:
-not being vaccinated
-not enough funds to secure support of oneself during the visit
-improper vetting in the country of origin; these might and could include criminal records, previous deportation, impersonation and identity thief (the list is long here)…
-counterfeits documents
-a visa may be revoked if the traveler is ill upon entry.
-the passport that the visa is attached to may be counterfeit, or have other discrepancies.
Agree wholeheartedly Jon! Even, the WA state attorney general continued the fake news that the head of the DHS didn’t know about the EO. This claim was refuted at General Kelly’s press conference. This STO will not pass legal muster and upon reflection I believe it was done to placate the protesters and to make it look like “something” was happening so that the hypnotized masses can go back to their lattes.
Bravo, Jon! I am transmitting your message to our geoethical community. It will have no problems with understanding it.
The Judge involved in the restraining order is not privileged to classified information about those Countries that President Trump is
The block is stupid. People are blind. They cannot see what Muslims have done to Sweden , Germany and tried to do in Australia and in France. Muslims are a plague.
Agreed !
Islam is a cult…mohammad was a murderer and a polygamist, he killed his enemies and stole their wives. He was also a pedophile, his youngest wife was 9 years. The koran is a document of religious war… and subjugation.
It is lawful to sell a female child as a bride in isalmic countries. Women are no more than chattle. Afghanistan is full of old men with female children as wives.
Islam ‘is’ a violent cult.
“He was also a pedophile, his youngest wife was 9 years”
Michael, Aisha was only 6 when she was married off to the Pedophiliac Prophet of Islam. She was 9 when they finally “did it”.
Trump is correct in saying “so called judge” because no true judge would file a ban against an order of the American Government. Yes, how ridiculous! Meanwhile if anything happens before the dust is settled, Trump can blame ‘Judge’ Robart.
I put your article on Twitter
The President is not the government.
He is the commader and chief, and the highest government official in the land…n’est ce pas.
A lawyer I am not. Thanks. I should have said ” … against an order of the Executive Branch of the American Government. Maybe?
But,,,,the judge wears a robe! You can’t criticize him! He wears the black robe of invincible TRUTH.
Amazing to me the the judicial branch has this absolute power to strike down laws and reverse executive orders, based on whatever is going in their heads. We need a constitutional amendment to rein in the judicial branch.
I have seen evidence over the years that points to a very good argument that our federal courts are actually under maritime law jurisdiction, and not regular federal jurisdiction. This is one of those slippery areas, where evidence “disappears” and anyone making the argument is considered a “conspiracy theorist.” But then, we know what this means. This is an area much in need of strong, reliable, credible investigation, because at all levels, judicial transparency and accountability is disappearing, if not gone entirely, with no one to hold their feet to the fire. And when judges begin to think and act that they are the supreme purveyors of the law of the land, then we are in extreme trouble! Perhaps it is good this has happened so quickly in Trump’s experience as President of the United States, for he is turning his white-hot attention and ire precisely in their direction!
Perhaps, but this whole thing will blow over within a couple of weeks, just as the Electoral College scare and the recount scare that had everyone nervous. If this is the best they can muster, than we should feel very confident. All they have is fear and intimidation, but no substance to fight him with. If it goes to the Supreme Court, I predict an 8-0 vote to throw out the restraining order, and some kind of judgment that will prevent any other court from doing it again.
Yes, Greg, this is another blatant example of all the things that have been concealed in darkness are suddenly being revealed, much to the chagrin and horror of those who have been slithering around in the dark, padding their bank accounts and delusional sense of self-importance, all based on falsehood! It will blow over, but they will be ever more unable to deny that we are on to them!!
Even the judiciary is corrupt in the USA. A huge job ahead for President Trump. I believe he will be able to drain the swamp in every field possible.
Is Judge Blocking Trump Travel Ban Committing Treason
https://www.youtube.com/watch?v=3BZ7s3ZMv1Y
Blacks 9th – ‘irreparable harm’ – An injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction.
The Judge’s order was great. Stupid Trump is President not dictator. Good to set limits on him. Being a megalomaniac he especially needs to have limits put on him.
Vernon Devine, I award you the “Mainstream Media Brainwashing” Trophy
No need to thank me.
The authority to determine who may immigrate to this country, and under what terms and conditions, is the exclusive prerogative of Congress. The States have no say whatsoever in that matter. The President is executing statutory provisions enacted by Congress which give him discretion to control immigration in various ways See, e.g., 8 U.S.C. sec. 1182(f), perforce of which he could stop all immigration for as long as he deemed prudent. How he exercises that discretion is, to use the legal jargon, a “political question” over which the courts have no jurisdiction. If under color of the false doctrine of “judicial supremacy” the courts attempt to interfere with the President’s exercise of his authority, he should simply disregard their edicts–and announce right now that such is precisely what he intends to do. The “imperial judiciary” needs to be taken down a peg or two; and protecting the integrity of this country from uncontrolled “immigration” (“invasion” is perhaps a more descriptive term) will make a good start in that direction..
Is the judge wrong? As I read Article II of the Constitution there is no provision that gives the Executive Branch law making authority as long as the civil courts are open. That is exclusively the purview of the Congress under Article I. As the President he is Commander-In-Chief of the armed forces ONLY and Executive Orders are issued in a MILLITARY VENUE ONLY. It is my contention that this nation is under a form of martial law called Martial Law Rule and the civil courts are in fact not available. Under these conditions the Executive Branch can issue Executive Orders which do have the force of law and are in fact issued in a military venue. The judge is correct but he doesn’t know why. Executive orders are unimpeachable in any court. They are only enforced or executed by a military tribunal. Look at the Admiralty Maritime law.
Invasion is the exact term…
As has been noted, the constitution gives plenary power to congress to regulate immigration and congress has through legislation given the president the power to ban individuals or groups from the country based on national security concerns. That power is not subject to review by the courts, nor should it be. This judge sitting in his cozy Seattle chambers does not get the daily intel brief, nor does he know where the holes are in our screening procedures. I have to assume the president knows a tad bit more about those things than I do, and this idiotic judge should do the same. If we get a Somali tomorrow or next week, admitted to the country who would have been excluded by this order, this judge will have blood on his hands.
Lots of “blame game” comments, Jon. What’s happened to your audience?
Justice has always relied on “goodwill” as it was assuming “reasonable men” were impossible of impure thought.
Over the years that aggregate contentment has eroded. It is now but a shadow of its former self.
Goodwill has evolved into the “will to win”, so the “good” judge is exercising his right. Now goodness has become the “greater good”; a that style of patriotism that has been the inspiration for many foul acts.
Best
OT
It is a game. The MSM feigns ignorance of the law and the precedence of its use by Obama and other presidents. The game is public relations – to make Trump look weak, ignorant of the law, and to play out the meme of racism for as long as possible. It’s also a psychological game, to try to make provoke Trump and his staff. They need to play it cool and get on with other parts of the agenda, and let SCOTUS uphold the travel ban as the surely will.
He has a point . How did he do this ? Why did the top government officials accept it and stop the EO? Is it because he has only three cabinet members so far ? If it was this easy to stop an EO THEN WHY DIDNT WE DO IT WITH OBAMA? Crooked republicans !!! They won’t even move forward on the repeal .
JB
Donald J. Trump @realDonaldTrump Feb 4
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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!
Yo, Clueless Judge, Get Clued:
“Refugees, Immigration and the Agenda to Erase America
Free PDF
http://www.centerforsecuritypolicy.org/wp-content/uploads/2015/06/Red_Green_Axis.pdf
–
“Islam isn’t in America to be equal to any other faith, but to become dominant. The Koran . . . should be the highest authority in America, and Islam the only accepted religion on earth.”
− Ohmar Ahmad, co-founder of CAIR (Council on American-Islamic Relations)
–
“The Ikhwan [Muslim Brotherhood] must understand that their work in America is a kind of grand Jihad in eliminating and destroying the Western civilization from within and ‘sabotaging’ its miserable house by their hands and the hands of the believers so that it is eliminated and Allah’s religion is made victorious over all other religions.”
-Mohamed Akram, “An Explanatory Memorandum on the General Strategic Goal for the Group in North America,” May 22, 1991, Government Exhibit 003-0085, U.S. vs. HLF, et al. P. 7 (21).
http://www.investigativeproject.org/document/id/20
—
“The Muslim Brotherhood… said…in their Explanatory Memorandum…that they will destroy us from within using Immigration and Political Correctness as a weapon, and they are using it very aggressively at this time.”
-Ayaan Hirsi Ali, Author of: “Nomad: From Islam to America: A Personal Journey Through the Clash of Civilizations””
–
“Take the refugees! We shall soon collect them in the name of the coming Caliphate.”
-Muslim cleric Sheikh Muhammad Ayed at the Al-Aqsa Mosque in Jerusalem
http://thefederalistpapers.org/us/leading-muslim-imam-urges-refugees-to-conquer-europe
succinct, accurate and very astute as always Jon! Thanks once again for your shredding of the leaky…logic(?) that has become the hallmark for so many.
You forget the separation of powers (in latin Trias Politica) that the US and since you are very old-fashioned constitution is the basis. The aim is that no power party can do it alone; that there is always another is can stop a decision. Like it or not like it. It can make decrees is happy for the rest of the Western world an abomination!
Separation of Powers does not give one branch the unqualified ability to stop any action of another branch. The judicial branch was meant to function as a legal referee, to make sure that legal procedures are being followed within its own boundaries. It was never given the authority to judge the content of law or executive action. It was never given the scope of interpreting the rights of foreigners who want to come here. Those people have no standing before the law.
I have no idea whether any of you have ever been before a judge in court. It’s always a crap shoot, valid legal arguments and common sense have no place on the bench….most especially the 9th circuit court of appeals. This whole thing is a set up to get to the Supreme’s before there is a tie breaker there….to hobble Trump for the next four years.
Can we please start getting some TREASON charges rolling all across this land? I’ve got 2 judges in Louisville, KY to add to the list. Jon, can you see if Alex will let you do a report on the state of the judiciary system in our country and how these people act like gods and seem to be untouchable? Please let this action by Robart be the beginning of change. Phyllis Schlafly warned about this in her book, The-Supremacists-The-Tyranny-of-Judges-and-How-to-Stop-It-Phyllis-Schlafly.
Hoping to hear your further thoughts on what we as a country can do to stop it. Looking forward to reading your blog post.
#TrumpTeam4Families https://familiesmatterusa.wordpress.com
http://www.geekwire.com/2017/washington-ag-explains-amazon-expedia-microsoft-influenced-crucial-victory-trump/
just to add a little… In their complaint, WA State lets drop the H-1B visa numbers for Microsoft Corp…
“WA State v Trump” (Case 2:17-cv-00141-JLR)
~~~
re: Attorney General of Washington State’s complaint asking Judge for a temporary restraining order to bar Feds from carrying out Trump’s Executive Order.
https://www.documentcloud.org/documents/3442904-TRO-Request-Ferguson-v-Trump.html
* See this section of the complaint: “C. The State, its Residents, and its Businesses Are Suffering and Will Continue to Suffer Irreparable Harm Due to the Executive Order” under “III. ARGUMENT”
* “Washington businesses are also suffering irreparable injuries. Immigrant and refugee-owned businesses employ 140,000 people in Washington. Washington’s technology industry relies heavily on the H-1B visa program. Nationwide, Washington ranks ninth in the number of applications for high-tech visas. Microsoft, which is headquartered in Washington, employs nearly 5,000 people through the program. Other Washington companies, including Amazon, Expedia, and Starbucks, employ thousands of H-1B visa holders. Loss of highly skilled workers puts Washington companies at a competitive disadvantage with global competitors.”
* “The Executive Order is also causing irreparable harm to Washington’s college students and universities. At the University of Washington, more than ninety-five students are immigrants from Iran, Iraq, Syria, Somalia, Sudan, Libya, and Yemen. The number at Washington State University is over 135. Because of the Executive Order, these students are missing out on research and educational opportunities, travel to visit their families, study abroad, and other irreplaceable activities that cannot be compensated through money damages. The universities also risk losing current and future students, a harm that cannot be remedied with monetary damages.”
“Highly skilled” workers used to replace Americans as they work much cheaper. They did let that cat out of the bag. Good find. What a miserable excuse for restraining a valid EO. I hope the [liberal] Ninth Circuit laughs them out of court.
Mohammedanism is not a religion but a political system, that is why Progressives have an affinity for it. Totalitarian in nature, as was Nazism, which also had an affinity for Mohammedanism.
The ban is illegal to begin with.
Trump and his supporters are FASCISTS.
Please define “Trump’s policies are fascist.”
My high-level take is that Hitler’s fascist Germany was the first major Technocracy.
My high-level take is that the Chinese Communist Party — at least since 1970 — was/is the 2nd major Technocracy.
My high-level take is that the European Union — at least since 1999 — is the 3nd major Technocracy.
The United State is a special nut, but a nascent Technocracy has existed in the US since at least 1973.
For those of you who think this is Trump’s ban, or that it’s meant to protect the USA from terrorism:
Trump’s “Migrant Policy” Exposes Continuity of Agenda: (Tony Cartalucci)
http://landdestroyer.blogspot.ca/2017/02/trumps-migrant-policy-exposes.html
Some excerpts:
“Bloomberg and other allegedly “liberal” media platforms have attempted to link President Trump’s policies to his own business interests, deflecting public attention away from the fact that the seven nations targeted by the new executive order are precisely the same nations targeted since the 1990’s by Wall Street and Washington special interests.”
“In reality, the nations spared from President Trump’s executive order are those nations the United States has partnered with for decades, including premier state-sponsors of terrorism.”
“It is no coincidence that so many years later, and transcending both President Obama and now President Trump’s administrations, the same seven nations are still being targeted, while the admitted global centers of terrorism – Riyadh and Doha – remain protected – even nurtured, heavily armed, and defended – by the United States and its European allies.”
“What is unfolding is decades-long continuity of agenda – simply dressed up in the latest and presumed-to-be most effective partisan narrative Wall Street and Washington can script – one in which President Trump is pursuing “racist” and “discriminatory” migrant policies while hypocritically defending his own personal business interests.”
“Hatred or support for President Trump and his crass rhetoric blinds both sides from the fact that all President Trump is doing, is precisely what President Obama, President Bush, President Clinton, and President Bush Sr. did before him – exactly what US corporate-financier special interests desire – nothing more and nothing less.”
how could it be otherwise?
Trump would be wise to purge the Obama appointed judges just like Clinton did when he came in.
wait a minute, what kind of standing minnesota has in washington state to begin with? then, what kind of standing state has demanding issuance of visas?
In light of the statute of 1776 does anyone really buy into the notion that the founding generation, who fought and died for the principles of life, liberty, and property, would assent to a document designed to protect those God given rights if they had known that one person, with the stroke of a pen could abrogate those rights? Under martial law he can. Note the fringed flag in our court rooms. That’s prime-fascia evidence that you are in a court of Admiralty Maritime jurisdiction. A court with military jurisdiction under Article 1.