March 8, 2017

BECAUSE IT'S ABOUT HATE, NOT SECURITY:

How will Trump's new travel ban order hold up in court? (TERRY CARTER, 3/07/17, ABA Journal)

Bob Ferguson, Attorney General for Washington State,0 also noted that, "By rescinding his earlier executive order, President Trump makes one thing perfectly clear: His original travel ban was indefensible--legally, constitutionally and morally," Law.com reported.

In that report, Harrison "Buzz" Frahn of Simpson Thacher & Bartlett, who has followed the cases, said the first order "was rushed and I've heard it described as a sitting duck," while the new one "maybe takes some more careful aiming," Law.com reports.

The new order, as part of its justification for national security reasons, notes two incidents in which foreign refugees later were convicted of terrorism-related crimes: two Iraqis received lengthy prison sentences in 2013, and a Somali was sentenced to 30 years in prison over a bombing plot at a Christmas tree lighting ceremony in Portland, Oregon.

Those refugees became radicalized while in the U.S., Frahn points out. "They've had six weeks since the original order came out to collect and collate data and all the alleged instances that could justify this, and this is the best they could come up with." [...]

Opponents say they still have a strong argument that the order targets members of a specific religion because they have Muslim majorities: Iran, Libya, Somalia, Sudan, Syria and Yemen. (Iraq was dropped.)

"That evidence is baked in; you can't change the past," Stephen Logomsky told Reuters. He was chief counsel at the U.S. Citizenship and Immigration Services in the Obama Administration and noted that Trump said early on that he wanted a ban on Muslims entering the country. But still, Logomsky said of coming legal challenges to the order, "It's not a slam dunk."

New York Attorney General Eric Schneiderman asserted Monday that he would joining those who bring the fight.

Schneiderman said that "while the White House may have made changes to the ban, the intent to discriminate against Muslims remains clear. This doesn't just harm the families caught in the chaos of President Trump's draconian policies--it's diametrically opposed to our values, and makes us less safe."

Posted by at March 8, 2017 6:08 AM

  

« IT'S NOT ABOUT THE rIGHT; IT'S ABOUT THEIR CONSTITUENTS...: | Main | SHOULD HAVE USED HILLARY'S SERVER: »