Ninth Circuit Judges Seem Pretty Concerned With Statements by Trump, Giuliani About 'Muslim Ban'

[DonViejo]

by Susan Seager | 8:43 am, February 8th, 2017

-snip-

The Ninth Circuit is deciding whether to overturn Judge Robart’s order and reinstate Trump’s Jan. 27 executive order banning immigrants and refugees from seven predominately Muslim countries from traveling to the United States.

Department of Justice Attorney August Flentje stumbled into legal quicksand when he complained that Judge Robart relied on the media reports of Trump’s public statements about banning Muslims and favoring Christians as evidence of his alleged religious bias.

“It is extraordinary for a court to enjoin the president’s national security determination based on some newspaper articles and that is what has happened here,” Flentje argued. “That is a very troubling second-guessing of a national security decision made by the president.”

“Stop, Stop,” interjected Ninth Circuit Court of Appeals Judge Richard Clifton. “Do you deny that statements attributed to the then-candidate Trump and his presidential advisors, most recently Mr. (Rudy) Giuliani, do you deny those statements were made?”

“No,” Flentje answered. The DOJ attorney later admitted, “Those are in the record.” Judge Clinton said that if Trump and Giuliani made the statements cited in the lawsuit, “it is potential evidence” of bias.

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