Trump vs. Judiciary: Prepare for constitutional showdown!
Donald Trump looks poised to collide with the judicial branch over his draconian Muslim ban executive order stopping immigration from seven Muslim-majority countries in which Trump has no business interest:
[Trump’s team] is trying to make the case that judicial review of its executive order imperils national security.
…
The Trump administration late Saturday urged an appeals court to immediately put on hold a judge’s nationwide order that effectively stopped, albeit temporarily, Trump’s de facto travel ban on all refugees and on immigrants from seven predominantly Muslim countries.
The federal government has begun complying with the order. And as expected, the president has taken to personally attacking the judge, U.S. District Judge James Robart, whom he smeared in a series of Twitter posts that say more about Trump’s apparent disregard for the constitutional order of things than anything else.
But lawyers for the administration are making a more nuanced case in legal filings and at oral arguments in the several courts hearing cases over his executive order ― including in an emergency request seeking to block the ruling Robart issued on Friday. The administration’s argument, if accepted by the courts, is one that could give Trump nearly unfettered power to go even beyond his initial executive order.
The gist of it: Courts should stay out of this altogether, or else national security will be at risk.
…
Bob Loeb, an appellate attorney in private practice who for nearly 25 years handled high-profile appeals at DOJ under Republican and Democratic administrations, said claiming that court review itself amounted to “irreparable harm” was beyond the pale.
“I would have never put my name on a filing that said that,” Loeb tweeted.
That’s precisely the tack Trump himself has taken, not just in his angry Twitter tirade against the judge, but in his insistence that the ongoing legal battle over his travel ban is really about the safety of the nation — and not about excluding Muslims, singling out a particular religion or unequal treatment under the Constitution.
Trump’s fascist philosophy is exposed: “safety” is more important than freedom.
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Copyright 2017 Liberaland
By: dave-dr-gonzo
David Hirsch, a.k.a. Dave "Doctor" Gonzo*, is a renegade record producer, video producer, writer, reformed corporate shill, and still-registered lobbyist for non-one-percenter performing artists and musicians. He lives in a heavily fortified compound in one of Manhattan's less trendy neighborhoods.
* Hirsch is the third person to use the pseudonym, a not-so-veiled tribute to journalist and author Hunter S. Thompson, with the permission of his predecessors Gene Gaudette of American Politics Journal (currently webmaster and chief bottlewasher at Liberaland) and Stephen Meese at Smashmouth Politics.
19 responses to Trump vs. Judiciary: Prepare for constitutional showdown!
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Gina Bousquet February 6th, 2017 at 08:29
If the Courts accept the argument that judges decisions threaten national security nothing else will stand between Trump and his tyrannical power attempts. The country will be facing very dark times indeed.
oldfart February 6th, 2017 at 09:19
the very second that the words, “uphold, defend and protect” becomes meaningless, to those in power who all took that oath, you can flush this country down the tubes.
Gina Bousquet February 6th, 2017 at 15:58
I never thought I’d see such non-sensical absurdities in a US government. I trusted Congress would stop him, but it seems only the Judiciary is honoring their duty. I’m very worried about what may happen to the country.
Mike February 7th, 2017 at 07:41
Dark times are coming no matter what happens. The country has been taken over by a mean-spirited lot. They may be doomed to fail, but no before doing a serious amount of damage.
Gina Bousquet February 7th, 2017 at 08:16
You’re so right, and at the moment I can’t even figure how he’ll be kicked out of the WH. I was more optimistic about the resistance at first.
Mike February 7th, 2017 at 11:38
Yeah, it’s not happening … I have a feeling Trump was right about killing someone on 5th Avenue and getting away with it.
The R’s will sell out all their so-called values in order to install a crazy right-leaning-authoritarian-theocracy. We’re completely fked.
Gina Bousquet February 7th, 2017 at 15:07
From a bloodless right-wing coup in the elections– that’s how I see it — to a tyrannical extreme right-wing government. How on earth could this monstrosity happen in the US?
mea_mark February 6th, 2017 at 08:52
A president that is above the law and not subject to judicial scrutiny is, in of itself, a threat to national security. There is no question here about what is most important. There is a question though about the sanity of our current president and whether or not his actions represent a threat to our national security. I hope this makes it to the SCOTUS and they say no and give a ruling stating that our leader may not be well and is quite possibly a threat to national security and that, that is a good example of why there should always be judicial review.
little donald is not well … #A25
oldfart February 6th, 2017 at 09:22
The question is who is in charge of the presidency ?
The man with the ears or the man whispering in them…
mea_mark February 6th, 2017 at 09:49
Echos in an empty head …
Larry Schmitt February 6th, 2017 at 10:53
Not completely empty. There’s probably dust in there.
mea_mark February 6th, 2017 at 12:03
Heroin dust from an empty dime bag.
Suzanne McFly February 6th, 2017 at 19:05
Will they have the backbone our congress apparently is in need of to properly judge rump for these threats to our system? I hope so.
mea_mark February 6th, 2017 at 20:30
I think they will. I also think he will freak out because of it. It’s going to be an interesting weekend coming up.
Suzanne McFly February 6th, 2017 at 20:49
I guess we should stock up on popcorn again…..screw that, I need tequila lol.
Obewon February 6th, 2017 at 10:10
Donnies entire Executive order was shattered by a G. W. Bush Jr. appointee. I doubt Trump has read, or comprehended the Constitutions three coequal branches: executive, legislative & Judicial. Next-up: con Don scofflaw reigned in by checks & balances.
Suzanne McFly February 6th, 2017 at 19:03
That couldn’t be more true, this human doesn’t have a clue about our check and balance system that was put in place over 200 years ago. How does anyone around him not shudder when they read one of his tweets?
Willys41 February 6th, 2017 at 11:50
Notify WWE. It’s gonna be a big one. Is Jesse Ventura available?
Suzanne McFly February 6th, 2017 at 19:01
Dave Dr. Gonzo, I love reading your stories and I thank you for sharing them but I have to criticize one comment. I do not believe trump gives two poops about our “safety”, I believe he is simply going along with what bannon creates for him. He is a profoundly lazy human and will be happy with whatever someone else does, as long as he can take credit for it.