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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSlate - "Trumps lies, bigotry, and bad judgment come back to bite him in court." - link fixed
http://www.slate.com/articles/news_and_politics/politics/2017/02/trump_s_reputation_as_a_lying_bigot_hurts_him_in_court.htmlA Little Justice
Trumps lies, bigotry, and bad judgment come back to bite him in court.
By William Saletan
Donald Trumps name barely came up in Tuesdays hearing before the 9th U.S. Circuit Court of Appeals. But the hearing, which concerned Trumps temporary ban on travel to the United States from seven Muslim countries, was completely colored by his alarming behavior. In 18 months as a candidate, two more as president-elect, and two weeks as president, Trump has compiled a record of prejudice, deception, and bad judgment. That record is killing him in court.
The Justice Department came into the hearing with two problems. One was Trumps weak basis for targeting the seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen) on security grounds. The other problem was strong evidence that Trump has a general beef with Muslims. At a district court hearing on Friday, the Justice Department argued unsuccessfully that both issues should be ignored, in deference to the presidents judgment and his assertions of benign motivation. In Tuesdays clash, the department fared no better.
Michelle Friedland, one of three 9th Circuit judges hearing the case, asked for evidence to support Trumps executive order. August Flentje, the Justice Department lawyer arguing the appeal, replied by citing findings written into the order by Trumps aidesfor example, that numerous foreign-born individuals have been convicted or implicated in crimes since Sept. 11. The vague reference to foreigners didnt impress the panel. Friedland asked for evidence linking the seven banned countries to terror attacks. Flentje couldnt find it in the record. These proceedings have been moving very fast, he pleaded.
Flentje pointed out that Congress and the Obama administration had restricted visa waivers to the seven countries based on concerns about terrorism. But that observation was soon turned against him. Judge Richard Clifton asked Flentje for evidence that the visa crackdown hadnt solved the problem: Is there any reason for us to think that theres a real risk or that circumstances have changed such that there would be a real risk, if existing procedures [stayed] in place? Flentje, unable to give a reason, appealed to Trumps authority: The president determined that there was a real risk. Judge William Canby cited the Justice Departments inability in district court to name a federal terror offense by anyone from the targeted countries. Flentje said it didnt matter. Only the president, he declared, could judge the level of risk that is acceptable.
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Slate - "Trumps lies, bigotry, and bad judgment come back to bite him in court." - link fixed (Original Post)
NRaleighLiberal
Feb 2017
OP
The Velveteen Ocelot
(115,661 posts)1. Here's the link:
NRaleighLiberal
(60,013 posts)3. thanks - was reading one and DUing another - link fixed!
Liberty Belle
(9,533 posts)2. Excellent.
It's clear this emperor has no clothes if even his legal water-carriers can't come up with even weak arguments to support his broad-brush ban.
At the rate he's going with insulting judges, he may find even the conservatives on SCOTUS could decide it's time to put him in his place and rule against him.