Category: Attack the Judiciary

Trump Says He May Break Up 9th Circuit Court After Rulings Go Against Him

President Trump is considering breaking up the 9th Circuit Court after a federal district court judge in its jurisdiction blocked his order to withhold funding from “sanctuary cities.”

In a Wednesday interview with the Washington Examiner, Trump said “there are many people who want to break up the 9th Circuit. It’s outrageous.”

In the interview, Trump accused liberals of “judge-shopping” for a court that would strike down his executive order.

“I mean, the language on the ban, it reads so easy that a reasonably good student in the first grade will fully understand it. And they don’t even mention the words in their rejection on the ban,” Trump said.

Trump claimed the court oversteps its authority and that his opponents “immediately run” to the court for “semi-automatic” rulings.

The 9th Circuit earlier this year blocked Trump’s executive order that barred immigration from certain Muslim-majority countries and banned all Syrian refugees from the U.S. for a period of time.

Earlier Wednesday, Trump railed against the 9th Circuit over a judge blocking his order withholding funds from sanctuary cities.

If Trump decides to move forward with plans to break up the court, he’ll have Republican support. Earlier this year, Sen Jeff Flake (R-Ariz.) voiced support for breaking up the court, which is seen as one of the most liberal in the country.

On Tuesday, a federal judge rejected Trump’s order to defund sanctuary cities, arguing that the White House had overreached with requirements not related to law enforcement.

The 9th Circuit Court covers Arizona, California, Alaska, Nevada, Idaho, Oregon, Montana, Washington and Hawaii, as well as Guam and the Northern Mariana Islands.

Eighteen of the court’s 25 judges were appointed by Democratic presidents.

(h/t The Hill)

Reality

First of all, Trump is angry at the wrong court. The most recent ruling against Trump, in which Judge William Orrick issued an injunction blocking his executive order targeting so-called sanctuary cities, wasn’t handed down by the 9th Circuit. Orrick sits on the U.S. District Court in San Francisco, which is one level below the appeals court.

Donald Trump is still learning the Constitution. His hands are completely tied when it comes the the courts. Trump can’t break up a circuit court on his own. He needs the help of Congress, who would need a super-majority to pass. While most Republicans polled wouldn’t back it, Democrats alone could block any legislation to break up the 9th circuit.

Trump just blasted the wrong court for ‘blocking’ his sanctuary cities order

President Donald Trump lashed out again at the American judiciary for blocking a piece of his agenda.

Except on Wednesday, he got his court wrong.

In a morning tweet, he blamed the 9th Circuit Court of Appeals for blocking his order to withhold funding from so-called sanctuary cities. He called the ruling “ridiculous” and signaled that his administration will appeal by saying “see you in the Supreme Court.”

The problem: Tuesday’s ruling did not come from the 9th Circuit. It was made in federal district court in San Francisco.
Earlier this year, the 9th Circuit did block Trump’s executive order restricting travel from several predominantly Muslim countries.

White House chief of staff Reince Priebus also targeted the appeals court in comments to reporters Tuesday, according to The Hill.

Politico, which first pointed out Trump’s error, noted that the 9th Circuit would hear the case next if the Trump administration appeals.

(h/t NBC News)

Jeff Sessions Dismisses Hawaii as ‘an Island in the Pacific’

Attorney General Jeff Sessions spoke dismissively about the State of Hawaii while criticizing a Federal District Court ruling last month that blocked the Trump administration from carrying out its ban on travel from parts of the Muslim world.

“I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and constitutional power,” Mr. Sessions said this week in an interview on “The Mark Levin Show,” a conservative talk radio program.

Mr. Sessions’s description of Hawaii, where the federal judge who issued the order, Derrick K. Watson, has his chambers, drew a rebuke from both of the United States senators who represent the state. Annexed as a territory of the United States in the late 19th century, Hawaii became the 50th state in 1959.

“Hawaii was built on the strength of diversity & immigrant experiences — including my own,” Senator Mazie Hirono, Democrat of Hawaii, wrote on Twitter. “Jeff Sessions’ comments are ignorant & dangerous.”

The other senator from Hawaii, Brian Schatz, who is also a Democrat, expressed similar sentiments, writing on Twitter: “Mr. Attorney General: You voted for that judge. And that island is called Oahu. It’s my home. Have some respect.”

Asked for a response from Mr. Sessions, Ian Prior, a spokesman for the Justice Department, said in an email: “Hawaii is, in fact, an island in the Pacific — a beautiful one where the attorney general’s granddaughter was born. The point, however, is that there is a problem when a flawed opinion by a single judge can block the president’s lawful exercise of authority to keep the entire country safe.”

(The State of Hawaii is a chain of islands, one of which is also called Hawaii; the judge’s chambers, however, are in Honolulu, which is on the island of Oahu.)

Judge Watson, an appointee of former President Barack Obama, was confirmed in 2013 by a 94-to-0 vote; Mr. Sessions, then a United States senator from Alabama, was among those who cast an approving vote. A former federal prosecutor, Judge Watson earned his law degree from Harvard alongside Mr. Obama and Neil M. Gorsuch, the newly seated Supreme Court justice. He is the only judge of native Hawaiian descent on the federal bench.

Last month, Judge Watson issued a nationwide injunction blocking President Trump’s travel ban, ruling that the plaintiffs — the State of Hawaii and Ismail Elshikh, the imam of the Muslim Association of Hawaii — had reasonable grounds to challenge the order as religious discrimination. He cited comments dating to Mr. Trump’s original call, during the 2016 campaign, for a “total and complete shutdown of Muslims entering the United States.”

During the arguments, the government had contended that looking beyond the text of the order to infer religious animus would amount to investigating Mr. Trump’s “veiled psyche,” but Judge Watson wrote in his decision that there was “nothing ‘veiled’” about Mr. Trump’s public remarks. Still, Mr. Sessions reiterated that line of argument in the radio interview, saying he believed that the judge’s reasoning was improper and would be overturned.

“The judges don’t get to psychoanalyze the president to see if the order he issues is lawful,” Mr. Sessions said. “It’s either lawful or it’s not.”

(h/t New York Times)

Media

 

Trump Slams His Own SCOTUS Pick, “I’ll Criticize Judges!”

President Trump on Tuesday said the courts aren’t helping the administration in its attempts to strengthen the country’s vetting procedures to weed out potential terrorists.

“We’re also taking decisive action to improve our vetting procedures,” Trump said, speaking at the National Republican Congressional Committee dinner.

“The courts are not helping us, I have to be honest with you. It’s ridiculous. Somebody said I should not criticize judges. OK, I’ll criticize judges.”

Earlier this year, Trump blasted James Robart, the federal judge for the Western District of Washington who placed a halt on Trump’s initial travel ban. The president referred to Robart as a “so-called judge.”

During the campaign, he also attacked the judge hearing a lawsuit against Trump’s defunct real estate education program, Trump University, saying that his Mexican heritage makes him unable to be impartial.

On Tuesday, Supreme Court nominee Neil Gorsuch said during his confirmation hearing that he finds the president’s criticism of judges’ integrity “disheartening and demoralizing.”

“I know these people and how decent they are, and when anyone criticizes the honesty, integrity and motives of a federal judge, I find that disheartening and demoralizing because I know the truth,” Gorsuch told Sen. Richard Blumenthal (D-Conn.).

“Anyone including the president of the United States?” Blumenthal asked.

“Anyone is anyone,” Gorsuch replied.

Earlier this month, a federal judge in Hawaii issued a temporary restraining order on parts of the president’s revised travel ban.

(h/t The Hill)

Media

Trump Slams 9th Circuit Court, Which Blocked His Immigration Ban, As ‘In Chaos’

During his first solo press conference as commander-in-chief, President Donald Trump on Thursday slammed the U.S. 9th Circuit Court of Appeals as being “in chaos” and “in turmoil.” The 9th Circuit Court ruled unanimously to block Trump’s ban on immigration from seven predominantly Muslim nations earlier this month.

Trump vowed to appeal the court’s ruling in Thursday’s press conference; he had previously vacillated on whether his administration would issue a brand new executive order on immigration or appeal the current order all the way to the Supreme Court.

Trump has been criticized in recent weeks for his apparent attempts to undermine the American judiciary system, with his own Supreme Court nominee Judge Neil Gorsuch calling Trump’s repeated attacks on judges’ integrity “demoralizing.” On Thursday, Trump said he’d “heard” that 80 percent of the 9th Circuit Court’s decisions are overturned — a claim that is patently false, and which Snopes debunked here.

(h/t The Week)

Media

Trump Says Refugees Are Flooding U.S. in Misleading Allusion

President Trump said on Saturday that judicial decisions that halted his executive order banning travel from seven predominantly Muslim countries had allowed a flood of refugees to pour into the country.

“Our legal system is broken!” Mr. Trump wrote in a Twitter posting a day after he said that he was considering a wholesale rewriting of the executive order to circumvent legal hurdles quickly but had not ruled out appealing the major defeat he suffered in a federal appeals court on Thursday. “SO DANGEROUS!” the president added.

Mr. Trump cited a report in The Washington Times that asserted that 77 percent of the refugees who entered the United States since Judge James L. Robart of Federal District Court in Seattle blocked the order on Feb. 3 had been from the seven “suspect countries.”

Still, his allusion to a rush of dangerous refugees is somewhat misleading. According to an analysis of data maintained by the State Department’s Refugee Processing Center, the percentage of refugees arriving from those countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — has risen considerably since the directive was suspended, but the weekly total of refugees arriving from the targeted countries has risen by only about 100. And all are stringently vetted.

At the same time, refugee arrivals from countries not affected by the order have fallen sharply. Since the judge blocked the ban, 1,049 of the 1,462 refugees who have arrived in the United States, or 72 percent, were from the seven countries affected. In Mr. Trump’s first week of office, before he issued his order, more refugees arrived, 2,108, and 935 of them, representing 44 percent, were from those seven nations.

The figures suggest that the State Department and refugee resettlement agencies, which meet weekly to determine which individuals and families to admit to the United States, may be stepping up their efforts to help refugees from the seven countries.

Mr. Trump’s order also sought to put an indefinite freeze on Syrian refugee admissions and temporarily suspend the rest of the refugee program until the screening process could be reviewed and made more restrictive.

The figures show a similar phenomenon for Syrian refugee arrivals; their proportion has nearly doubled since Mr. Trump moved to block them, although that represents a relatively small increase of about 100. While the 296 Syrians who arrived during the president’s first week in office made up 14 percent of the total, the 402 who have entered since his order was blocked amount to 27 percent of all refugee arrivals over that period.

Refugees already face the strictest of vetting procedures to enter the United States, a process that takes from 18 months to two years because of multiple layers of security and background checks.

Mr. Trump made his Twitter post at the start of a day of golf with Prime Minister Shinzo Abe of Japan at his resort in Jupiter, Fla.

(h/t New York Times)

Trump Quotes Critical Blog to Attack 9th Circuit Judges Over His Muslim Ban

President Trump on Friday morning ripped into an appeals court’s decision to uphold a temporary restraining order on his immigration executive order, calling it “disgraceful.”

Citing a legal blog called Lawfare, Trump tweeted: “LAWFARE: ‘Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.’ A disgraceful decision!”

The blog post on Lawfare that Trump quoted, while critical of the 9th U.S. Circuit Court of Appeals reasoning, said the court made the right decision in the end.

“The Ninth Circuit is correct to leave the [temporary restraining order] in place, in my view, for the simple reason that there is no cause to plunge the country into turmoil again while the courts address the merits of these matters over the next few weeks,” the post says.

It adds that the judicial system will eventually have to confront the clash between the president’s powers and “the incompetent malevolence with which this order was promulgated.”

Trump’s tweet came moments after MSNBC’s “Morning Joe” quoted the exact same passage from Lawfare’s blog post on TV.

Benjamin Wittes, the blog post’s author, reacted in Twitter, writing: “You decide whether the POTUS is quoting me in context. Here’s the article. For the record, I support the decision.”

The court ruled Thursday that a nationwide restraining order against Trump’s temporary travel ban may continue while a federal judge considers a lawsuit over the policy.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” the court said.

The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.

The decision is narrowly focused on the question of whether the ban should be blocked while the courts consider its lawfulness — but the three-judge panel nevertheless issued a scathing takedown of almost all of the government’s arguments.

Trump immediately fired back on the ruling, tweeting: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

 

 

Trump Attacks Federal Judges Weighing Travel Ban

President Trump on Wednesday went after a panel of federal judges weighing whether a court order blocking his travel ban should be lifted.

Speaking to a gathering of law enforcement officials, Trump argued the judges should immediately reinstate the executive order in the name of national security.

“I don’t want to call a court biased, so I won’t call it biased,” the president said at a gathering of the Major Cities Chiefs Association in Washington. “Courts seem to be so political and it would be so great for our justice system if they could read a statement and do what’s right.”

He vented his frustration at the legal arguments made by judges and attorneys on both sides of the case, even reading aloud a portion of immigration law he believes backs up his executive order barring the intake of refugees and people from seven Muslim-majority countries.

Trump argued the law gives him broad powers to control who enters and leaves the U.S.

“A bad high school student would understand this. Anybody would understand this,” he said.

“They were talking about things that just had nothing to do this,” he said of the judges.

“But I have to be honest that if these judges wanted to, in my opinion, help the court in terms of respect for the court, they do what they should be doing,” he added. “It’s so sad.”

It’s highly unusual for presidents to publicly comment on court cases dealing with their policy proposals — particularly as a court is weighing a case. But Trump has repeatedly proven he’s willing to break longstanding political norms.

Trump said on Tuesday evening that he watched the oral arguments in front of a three-judge panel of the San Francisco-based 9th Circuit Court of Appeals, which was broadcast live on cable news.

The judges aggressively questioned a Justice Department lawyer about the evidence Trump was using to bar people from the countries included in the executive order and the national security powers of the president.

The solicitor general of Washington state, which is suing to block the order, was also grilled over whether the nationwide temporary restraining order handed down by a lower court was too broad and whether his contention the ban amounted to religious discrimination.

Trump appeared to take issue with media coverage of the hearing, which centered on the government lawyer’s struggle to make the administration’s case, as well as any skepticism of the order itself.

“I listened to a bunch of stuff on television last night that was disgraceful,” he said.

Trump argued that the country is in danger of being attacked by terrorists as long as the order is on hold.

“I think it’s sad, I think it’s a sad day,” he said. “I think our security is at risk today. And it will be at risk until such time that we are entitled and get what we are entitled to as citizens of this country. We want security.”

(h/t The Hill)

Media

https://www.youtube.com/watch?v=F9yAzTG5x-8

 

Trump Resumes Twitter Attacks on Federal Judge

President Donald Trump on Sunday resumed tweeting against the judge who blocked his executive order on immigration, blaming the court system “if something happens” that could put the U.S. in “peril.”

“Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!” he tweeted Sunday afternoon in reference to Judge James Robart, a district court judge based in Washington state.

A few minutes later, he tweeted again: “I have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!”

Trump’s tweets came after an appeal filed by the Justice Department was turned down. The appeal would have lifted a ruling that is currently halting Trump’s immigration order.

On Friday, Robart put a halt on Trump’s immigration order, which restricts travel to the U.S. from seven Muslim-majority countries — Iran, Iraq, Libya, Somalia, Sudan, Yemen and Syria — and stopped admittance of Syrian refugees to the United States.

The Justice Department filed an appeal late Saturday to the San Francisco-based 9th U.S. Circuit Court of Appeals, asking for Robart’s order to be put on hold while the appeals court considers an open-ended stay of the ruling. The appeal court reject that request Sunday morning.

The president fired off a batch of four tweets Saturday, starting with: “What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?”

(h/t Politico)

Trump Attacks ‘So-Called Judge’ Over Travel Ban Ruling

President Trump on Saturday issued a new defense of his controversial travel and refugee restrictions, defending the “ban” from the “so-called judge” who halted the order on Friday.

Federal Judge James Robart, appointed by former President George W. Bush and approved by a 99-0 Senate vote in 2004, issued an immediate nationwide restraining order against Trump’s action, which had cut off citizens from seven Muslim-majority nations from entering the U.S.

Civil liberties groups applauded the ruling, but Trump vowed it would be overturned.

Despite the White House insisting this week the Trump order did not constitute a travel ban, Trump defended it as such on Saturday morning:

It’s not the first time Trump has publicly attacked a judge with whom he disagreed.

During last year’s presidential campaign, Trump was criticized by both Republicans and Democrats for citing the “Mexican heritage” of Indiana-born Judge Gonzalo Curiel as a reason he should recuse himself from lawsuits regarding Trump University.

(h/t The Hill)

 

 

 

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