Connect with us

Latest

Analysis

News

The Executive Order and the court case

The legal moves and counter-moves in the case of the ‘travel ban’ Executive Order follow standard practice, as both sides prepare to take their case to the Supreme Court of the United States.

Alexander Mercouris

Published

on

636 Views

The legal moves and counter-moves in the court case concerning Donald Trump’s ‘travel ban’ Executive Order may appear complicated, but in reality they follow standard practice.  Since there are some misunderstandings in reporting them I will provide a brief explanation.

The federal judge in Seattle on Friday did not rule that the Executive Order is unconstitutional or illegal.  Rather he ordered a temporary two week stay on the enforcement of the Executive Order until this question of its legality is decided in further argument before him in two weeks time.

In doing so the judge acted fully within his powers, though as I understand it he took a different view from a different federal judge in Massachusetts who apparently refused to grant a similar stay when he was asked to do so at roughly the same time that the judge in Seattle was making his decision.

The Department of Justice is appealing the stay.  It is doing so on the grounds that the Executive Order is fully legal and constitutional and needs to be brought back into force immediately in order to protect the US from potential terrorists, who might take advantage of the stay to enter the US during the two week period when it is in effect.

On Saturday the Department of Justice asked the federal appeal court in San Francisco (which will hear the appeal) to lift the stay.  The federal appeal court however refused to do so, saying that the plaintiffs who applied for the stay should be given an opportunity to respond.  It gave the plaintiffs until Sunday (ie. today) to file their objections to the Department of Justice’s application to lift the stay, with the Department of Justice instructed to file its counter-objections on Monday (ie. tomorrow).

Contrary to some media claims, this is completely standard practice during appeals.  It would be very unusual for an appeal court to set aside a judge’s order – even a temporary order – without a full hearing, and the Department of Justice will undoubtedly have known this when it applied to the appeal court to have the stay lifted on Saturday.

The reason the Department of Justice made the application on Saturday is because it wants to emphasise to the appeal court the urgency of the situation.  This is important, not just because of the danger of terrorists entering the US during the period of the stay, but because unless the appeal court is convinced of the urgency of the situation it will simply say that the Department of Justice should wait until the hearing ordered by the federal judge in Seattle in two weeks time.

In other words by insisting that the stay be lifted immediately the Department of Justice is providing reasons to the appeal court to take the case out of the federal judge’s hands, so that it can decide the case itself.  That was the true purpose of the application on Saturday, and it succeeded.

I expect the appeal court in San Francisco to decide the appeal this week, possibly as soon as Tuesday or Wednesday.

As I am not an expert in US constitutional law I do not know what the outcome of the appeal will be.  I should say that it would be completely wrong to try to guess the outcome from the decision the appeal court took on Saturday.

The appeal will be purely on the question of the rightness or otherwise of the stay.  If the appeal decision goes against the President it will be for the Department of Justice to put his case to the federal judge at the full hearing in two weeks time.  If that decision also goes against the President, he can appeal again to the federal appeal court in San Francisco, and beyond that to the Supreme Court.

By contrast if the Department of Justice wins the appeal this week then I would expect the plaintiffs to drop the case in Seattle and try to go directly to the Supreme Court.  Since the appeal court would have effectively affirmed the legality of the Executive Order, there would be little point in the plaintiffs continuing to contest the Executive Order before the federal judge in Seattle.

One way or the other I expect this case to go to the Supreme Court.  With the Supreme Court apparently evenly split between conservatives and liberals, and with it being highly unlikely that Neil Gorsuch – Trump’s nominee for the vacancy in the Supreme Court – can be confirmed in time for the hearing of the case, it looks like a nail-biting battle, with no certain outcome.

Liked it? Take a second to support The Duran on Patreon!
Advertisement
Click to comment

Leave a Reply

avatar
  Subscribe  
Notify of

Latest

Every dirty Democrat trick shows in bid to oust Kavanaugh

American democracy truly is mob rule now, and the mob is stupid, with no one taking a moment to truly consider the situation.

Seraphim Hanisch

Published

on

The most amazing thing about what is ostensibly the last minute “Hail Mary” smear campaign by the left against Judge Brett Kavanaugh is how utterly transparently partisan it is. Let’s look at the list of tactics used thus far in this very dirty escapade:

  • Democrat Senator Diane Feinstein sat on this allegation for three months, until after the confirmation hearings were over (and after no other barnstorming tactic during the confirmation hearings worked against the nominee).
  • The accuser, Christine Blasey Ford, is a registered Democrat, and a feminist. RT notes that she appears to have a strong interest in politics.
  • Reports of “death threats” against Dr. Ford have been reported. This is a common feature of any anti-Trump attack, to relate him to some sort of “right-wing” radicalism. This radicalism does not exist among conservatives, but the media is determined to say otherwise.
  • Democrat Senate Minority Leader Chuck Schumer, naturally, believes Ford’s story.
  • Every Democrat senator is in agreement that this matter should table the confirmation vote. Some Republicans were at first but appear to be backing away.
  • A woman Democrat senator,  Mazie Hirono, went on record telling men to “shut up and step up.” It seems abundantly clear that this assumes that there can only be one “step” that the men are expected to do. A second lady senator , Patty Murray of Washington, gave all men a warning against stepping off the plantation by saying “Women are watching.”
  • The Senate Republicans offered a chance for Dr Ford to testify on Monday. She refused, but now she is offering to come “next Thursday” – this is ten days later, past the October 1 start date of the US Supreme Court, and closer to the November Midterm elections.

We interrupt this list to make this point. The issues at hand are threefold.

First, the Democrats and other left-wing activists are terrified that they will lose the “Warren Court”, which is the name of the Supreme Court Justice who was a major left-wing judicial activist that enabled the Court to “legislate from the bench” along liberal policy lines since 1969. If Kavanaugh comes in, even if President Trump is somehow magically removed from office, his mark will remain on the Court for at least a generation. Of course, the removal of President Trump is predicated on the Democrats regaining control of the House, which actually looks somewhat likely if polling data is to be believed, and of course a Democrat Senate. (The actual tiny caveat that the President has done absolutely nothing which warrants impeachment will not be taken into consideration. He is to be eliminated. That is Democrat point number one, and make no mistake.)

Second, if the Judge is confirmed, it will look great on the President’s achievement list and energize his voter base even more than it already is. The result could be that the Senate expands its Republican majority, and gains Trumpian conservatives in its ranks, which would likely help the President continue his really great agenda. A defeat in the House that holds or expands GOP, again with Trumpian conservatives, would solidify this, and make it more difficult to stop Trump’s re-election and further solidification of reforms in 2020.

Third, and probably even more important, is that the possibility of a third seat getting vacated on the Court in the time period between now and 2024 is relatively high. Ruth Bader Ginsburg is the oldest Justice on the Court, and she is a raving liberal. If she retires (which she promises not to do), or if she is retired by the processes of old age, Trump can score a three-peat and get a third constitutionalist justice into the Court and that will signal the closure of one of the biggest avenues of liberal activism.

To return to the list, some of the further characteristics that make this situation patently obvious are these:

  • As reported in The Duran, the smear job is looking a bit ragged around the edges as time goes by. President Trump called Dr Ford’s bluff by saying he is interested in having her come to testify and that it would be “unfortunate” if she didn’t do so. Ford’s response was as shown above, to try and delay this testimony.
  • The Hollywood “sisterhood” is on record defending Dr Ford. For them, she’s right. She said Kavanaugh did this, so she is right. And why? Because she is a woman, a feminist and a Democrat. She is one of them. It would very interesting to know if the sisterhood would stand behind a conservative woman raising such a concern against a Democrat, but we have President Clinton to show how well that all went.

This by no means concludes the list of characteristics, but as noted earlier here, anyone that does even just a little critical thinking about this can see that this issue is no moral outrage, it is strictly partisan hackery, making use of the greatest weapon against conservative men put in use over the last fifty years – the sexual allegation from a woman, who must always be believed, because the woman is always right. 

The unfortunate truth is that this tactic works. It works because most men are actually gentlemen. We honor women, and we are taught to defer to them in America, because that is what a gentleman does. Feminism takes this characteristic of men, especially in modern times who really want to make sure they treat the ladies right, and it throws it back in their face in contempt. It is so bad it even has a physiological effect on men, who are now marrying less, and having fewer kids. There are even physiological changes that result from this abuse.

Further, there is an appalling lack of critical thinking in our society. The British news site, The Independent offers a poll with questions about the Kavanaugh case. The astonishing lack of critical thinking is clearly evident as the reader votes his or her thought and then sees the results for that question. Going through the questions and observing their responses can be very illuminating.

Dr Ford is demanding an FBI investigation, but she has no date, time or location attached to the incident she accuses now-Judge Kavanaugh of perpetrating. Rush Limbaugh did a great job at showing just how absurd this demand actually is, given these glaring areas of non-knowledge and we include some of that transcript below:

What would happen, let’s say — I don’t know — in the last 10 years up to last week if any woman had walked into any FBI office in the country and said the following: “Hi. I’m here to report that I was abused 35 years ago. I was — I was — I was at a party. Uh, I was 15, a little bit to drink, and a 17-year-old guy pushed me down on top of a table and laid on top of me. And then — and then and then I think — I think — a friend came in and did something and anyway they left and I was left locked in the room. And I want to you to investigate.”

Do you think if somebody shows up at an FBI office with that story, if they show up in person with that story, that the FBI is gonna give it any time whatsoever? The agents are gonna look at each other with kind of wary eyes and they’re gonna crack silent jokes to one another. I’m not kidding. You take this out of the realm of a letter to a crazed, partisan United States senator, Dianne Feinstein, and just move this into the victim walking into an FBI office, “It was 35 years, 34 years. I’m not sure where. But I know that when I was 15, I was at a party, and some guy jumped on top of me.”

So let’s say the FBI agent decides to actually take this further and in a very respectful way says, “Well, Miss, were you raped or injured?”

“Uh, no, not really.”

“Did you report this or tell anyone at the time, 36, 35 years ago?”

“Uh, no.”

“What year was this, again, that this happened?”

“Uhhh, I’m not — I’m not sure. I think it was 1982.”

“Where did this happen?”

“I don’t know! I don’t know. I was so traumatized; I don’t remember any of it. I just remember some guy jumping on me and I was drunk and — and I don’t know. But I want you to investigate it.”

“Okay. Ma’am, were there any witnesses?”

“Just the one friend of his that pushed him off, and then they left before he could do anything.”

What would the FBI do with this, if that scenario happened in one of their field offices? I will tell you what they would do: Zip, zero, nada. And the reason for bringing it up this way is to try to shine some kind of a different light on this and try to put this kind of allegation in some kind of context. The president is handling this in a quite fascinating way. He’s saying, “I hope she shows up. I want to hear what she has to say. I really hope she shows up. I’m very interested in what she has to say. We all are. And if she shows up and if she’s credible, why, then we’re gonna have to do something about that.”

Liked it? Take a second to support The Duran on Patreon!
Continue Reading

Latest

Russian Hierarch explains Ukrainian issue in detail (VIDEO)

A Russian Orthodox Hierarch explores the incursion of earthly politics into the life, pastoral activity and needs of the Orthodox Church.

Seraphim Hanisch

Published

on

RT’s “Worlds Apart” interview program recently interviewed Metropolitan Hilarion (Alfeyev), a hierarch who heads the Department of External Church Relations for the Moscow Patriarchate of the Orthodox Church. The Duran has covered the crisis in Ukraine surrounding the activity of the Ecumenical Patriarch, Bartholomew I, of Constantinople, intended to create a fully independent Ukrainian Orthodox Church. This effort falls completely outside the normal and authorized operating procedures of the Orthodox Church, but to the lay listener it is difficult to understand what the fuss really is all about.

Metropolitan Hilarion and Oksana Boyko do an excellent job with both the answers, but more importantly, the questions, since Ms. Boyko asks the questions that someone who knows nothing about the Church might ask. This situation is completely about politics and not about the true work of the Church, and Met. Hilarion answers these questions very completely and thoroughly.

One of the really interesting points that Met. Hilarion makes is the idea that the Ecumenical Patriarch seeks to bring about the creation of a fully independent Ukrainian Orthodox Church from these four groups:

  • The Ukrainian Orthodox Church of the Moscow Patriarchate (which is canonical and which has not requested self-rule, called autocephaly
  • The Ukrainian Orthodox Church “Kyiv Patriarchate”, led by Filaret Denisenko, which is a completely schismatic group. This group, and Filaret, are leading the charge.
  • The Ukrainian Orthodox Autocephalous Church – another schismatic group that is not in communion with Filaret’s church
  • The Greek Catholic Church of Ukraine – and this is truly interesting, because this group is not even Orthodox, but is an Eastern Rite group under the Pope of Rome, and is in fact Roman Catholic.

The notion of bringing together such a disparity of groups is stunning to the Metropolitan, and yet he understands the motives of the men driving this idea, President Petro Poroshenko of Ukraine, Patriarch Bartholomew, and Filaret Denisenko.

While the United States is not mentioned in this interview in any prominent sense, it should be noted that this move also does have strong US support as the American political leadership has been advocating for the Poroshenko government in an effort to continue to surround and isolate Russia. As we have noted elsewhere, this series of moves may well create more problems for Russia, by design.

Liked it? Take a second to support The Duran on Patreon!
Continue Reading

Latest

James Woods Suspended From Twitter Over Satirical Meme That Could “Impact An Election”

James Woods crushes Jack Dorsey: “You are a coward, @Jack.”

Alex Christoforou

Published

on

Via Zerohedge


Outspoken conservative actor James Woods was suspended from posting to Twitter over a two-month-old satirical meme which very clearly parodies a Democratic advertisement campaign. While the actor’s tweets are still visible, he is unable to post new content.

The offending tweet from July 20, features three millennial-aged men with “nu-male smiles” and text that reads “We’re making a Woman’s Vote Worth more by staying home.” Above it, Woods writes “Pretty scary that there is a distinct possibility this could be real. Not likely, but in this day and age of absolute liberal insanity, it is at least possible.”

According to screenshots provided by an associate of Woods’, Twitter directed the actor to delete the post on the grounds that it contained “text and imagery that has the potential to be misleading in a way that could impact an election.

In other words, James Woods, who has approximately 1.72 million followers, was suspended because liberals who don’t identify as women might actually take the meme seriously and not vote. 

In a statement released through associate Sara Miller, Woods said “You are a coward, @Jack,” referring to Twitter CEO Jack Dorsey. “There is no free speech for Conservatives on @Twitter.

Earlier this month, Woods opined on the mass-platform ban of Alex Jones, tweeting: ““I’ve never read Alex Jones nor watched any of his video presence on the internet. A friend told me he was an extremist. Believe me that I know nothing about him. That said, I think banning him from the internet is a slippery slope. This is the beginning of real fascism. Trust me.”

Nu-males everywhere non-threateningly smirk at Woods’ bad fortune…

Liked it? Take a second to support The Duran on Patreon!
Continue Reading

JOIN OUR YOUTUBE CHANNEL

Your donations make all the difference. Together we can expose fake news lies and deliver truth.

Amount to donate in USD$:

5 100

Validating payment information...
Waiting for PayPal...
Validating payment information...
Waiting for PayPal...
Advertisement

Advertisement

Quick Donate

The Duran
EURO
DONATE
Donate a quick 10 spot!
Advertisement
Advertisement

Advertisement

The Duran Newsletter

Trending