• Why Jihad Watch?
  • About Robert Spencer and Staff Writers
  • FAQ
  • Books
  • Muhammad
  • Islam 101
  • Privacy

Jihad Watch

Exposing the role that Islamic jihad theology and ideology play in the modern global conflicts

Appeals court decision blocking Trump ban doesn’t even mention law empowering President to restrict immigration

Feb 10, 2017 11:26 am By Robert Spencer

The whole controversy turns on this law. It’s hard to see how any Presidential action restricting immigration can be overruled in light of it, as it specifies that “whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States,” he can “suspend the entry of all aliens or any class of aliens.” President Trump knows this, and tweeted about it this morning:

Benjamin Wittes of the Brookings Institution, who wrote the article below, also notes that on the vital question of the ban being necessary for national security, the decision spends “spends only one sentence and one brief footnote.” Nonetheless, Wittes tweeted: “You decide whether the POTUS is quoting me in context. Here’s the article. For the record, I support the decision.”

Very well. Let’s decide. In the first place, Wittes’ affiliation with Brookings calls his motives into question, as Brookings’ funding from Qatar has turned it into an apologist for jihad terror, with jihadi preachers and Islamic supremacists frequently featured and lauded at its events.

Second, Wittes notes that the decision omitted all discussion of the relevant law, but then brushes that aside not on legal, but on pragmatic grounds: “The Ninth Circuit is correct to leave the TRO 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.” He also opposes Trump’s executive order because he attributes malign motives to the President himself, referring to the “incompetent malevolence with which this order was promulgated.”

Incompetent is arguable, but malevolence? President Trump and everyone around him has been consistent: this ban is, from first to last, about national security. For the Left, apparently now even any concern for national security is inherently malevolent.


“How to Read (and How Not to Read) Today’s 9th Circuit Opinion,” by Benjamin Wittes, Lawfare, February 9, 2017:

…This case is about two big questions, only one of which the panel’s per curiam today even mentions. The first question is how broad the president’s authority is to limit admissions from the relevant seven countries—and to what extent that authority is limited by constitutional law—under a statute that gives him the sweeping power to do this:

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

Remarkably, in the entire opinion, the panel did not bother even to cite this statute, which forms the principal statutory basis for the executive order (see Sections 3(c), 5(c), and 5(d) of the order). That’s a pretty big omission over 29 pages, including several pages devoted to determining the government’s likelihood of success on the merits of the case.

The other question, one the panel does discuss, is the extent to which the repeated and overt invocations of the most invidious motivations on the part of the President himself, his campaign, his adviser, and his Twitter feed will render an otherwise valid exercise of this power invalid….

The Ninth Circuit is correct to leave the TRO 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. Are there tea leaves to read in this opinion? There sure are, particularly with respect to the judges’ analysis of the government’s likelihood of prevailing on the merits and its blithe dismissal of the government’s claims of national security necessity on pages 26-27—a matter on which the per curiam spends only one sentence and one brief footnote.

But it’s worth emphasizing that the grounds on which this order was fought are not the grounds on which the merits fight will happen. Eventually, the court has to confront the clash between a broad delegation of power to the President—a delegation which gives him a lot of authority to do a lot of not-nice stuff to refugees and visa holders—in a context in which judges normally defer to the president, and the incompetent malevolence with which this order was promulgated.

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to print (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • More
  • Click to share on Skype (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Pinterest (Opens in new window)

Follow me on Facebook

Filed Under: Donald Trump, Featured, immigration Tagged With: Benjamin Wittes, Brookings Institution


Learn more about RevenueStripe...

Comments

  1. Steve Klein says

    Feb 10, 2017 at 11:39 am

    I’ve been reading reports, President Trump’s U.S. Supreme Court nominee attends a pro-Islam church. Some conservatives are calling it “Fake” news but is it and does it matter?

    http://www.dailymail.co.uk/news/article-4196096/Trump-s-Supreme-Court-pick-belongs-liberal-church.html#ixzz4YIOvJPDL

    Bryan Fischer ‏@BryanJFischer Feb 7 tweeted:

    Be advised: Gorsuch attends a church that is rabidly pro-gay, pro-Muslim, pro-green, and anti-Trump.

  2. no_one says

    Feb 10, 2017 at 11:55 am

    A church that is pro-islam is pro-satan.

    • Christianblood says

      Feb 10, 2017 at 7:18 pm

      no_one posted:

      (..A church that is pro-islam is pro-satan..) True indeed!

      Churches, governments, MSM and the overwhelming majority of societies in the West love and respect islam, including islamic jihadists, but hate, discriminate against and denigrate Christians and Christianity. Check this one example about Churches in the West on the link below:

      https://refugeeresettlementwatch.wordpress.com/2015/10/11/us-conference-of-catholic-bishops-want-100000-syrians-admitted-to-us-this-year/

  3. awake says

    Feb 10, 2017 at 12:01 pm

    Eric Posner is incorrect. The ban was intended to disfavor Muslim jihadists, even though the ban did not state as such, and people’s all ideologies were included in the ban. This was intended to favor America and Americans, even Muslims here, potentially. Now, there does appear to be a level of incompetency in the rollout, especially the confusion of the application of the ban to current US Visa holders. Posner does make a solid point in using the loose language of Trump in the primaries, and what I believe, Giuliani’s idiotic admission, as some sort of moral justification to oppose nearly everything he does at home and abroad involving the denizens of the Religion of Peace.

    Wittes’ conclusion, while accurately identifying the lack of the Constitutional reference in the decision, is flawed. He supports the upholding of the ban to avoid a country in turmoil, whereas anyone who is sentient and honest, already know that the “turmoil” is purely Soros-manufactured, and being aided by leaks from Obama moles in the WH.

    Islam is now the spearhead of the left’s war against Trump and the U.S. Make no mistake about it.

    All that said, this ruling is still a political win for Trump, regardless of all the talking heads trying to convince us otherwise.

  4. Walter Sieruk says

    Feb 10, 2017 at 12:03 pm

    It’s not the job of President Trump to have a PC policy of immigration that the left would like.
    It’s the job and duty President Trump to ensure the safety and protection of the American citizens

  5. common sense says

    Feb 10, 2017 at 12:18 pm

    The job of these judges is to ‘verify’ that executives orders fall within previous constructed law not ask for security assessments or attempt to make the assessment themselves, it is not within their sphere of previosly constructed law of our checks and balances constitution. TJ us freaking spinning in his grave right now.

  6. Steve K says

    Feb 10, 2017 at 12:32 pm

    This is a judicial coup designed to disenranchise every voter who voted for Trump in the last election.

  7. Stan Lee says

    Feb 10, 2017 at 12:58 pm

    The San Francisco based 9th Circuit Federal Court is a definite nest for leftist judges who make law from the bench in order to support the leftist cry-babies who live only for vengeance against President Trump. Of course, none of them are able to face the fact that this nation said “Enough!” and Republicans, Democrats, and Independents voted legitimately to elect President Trump. There wasn’t much of an alternative considering the Democrat candidate should have been in prison, had she not had the “big money” helping her to escape justice.(Soros, and his financial affiliates) Warren Buffet alone, lost $12 million betting that she’d win the presidency!

    It may not yet be realized, but we Americans have more issues than a national debt to deal with. What lies beneath jobs, industry, roads, bridges, energy independence, decent health insurance, rebuilding our military, and homeland defense (immigration very much a problem, is one more issue of Homeland Defense,..you have seen it this past week. Here’s a fact….the U.S. 9th Circuit Court has a record of being reversed 80% of the time, yet it is allowed to exist with its miscarriages of justice. Most of their judgments need to be appealed, but not in the 9th Circuit. Yet, the da–ed thing exists! It’s insane that it does exist.

    There is a nest of leftist judges from the first to the last at the 9th Circuit to match the Commie Constitution underminers of those three states on the Left Coast.that are somehow congregated in the 9th Federal Circuit Court, plus most of its appendages, all dedicated to the kind of America that Obama had in his mind, and you must know that he was for reducing America to a welfare case. He had enough welfare recipients to weight voting in favor of the Leftist-Marxists, especially those three states on the “Left Coast,” WA,OR, and CA. All sanctuaries for anti-Americans!

    That must be broken-up and Trump stopping federal assistance to them is a good start. It needs to happen without any more delay. Thousands of Iranians are now marching in Iran, with one mission in mind; to thank the U.S. Left-Coast states for their disruption of U.S.federal Law.
    They love the Left Coast because it collectively has spread the welcome mat to terrorists as if they have an automatic right to come into the USA and the Leftists insist that they have “Constitutional Rights even if they are in the foreign countries in which they live. Can you believe that of American federal court judges?
    So, according to these American sell-outs, our constitutional rights extend to every alien, even those who live elsewhere, as if they too have such benefits as granted to Americans through our Constitution.

    Is it any wonder that “Left-Coasters” vote as they do? They are exposed to Democrats who believe that their candidate should now be in the White House, and that whatever criminality she was involved in still made her as clean as a whistle. We are in a battle against Marxists, the “BAPF” media, and a federal court system shaped by Obama & Co. over his eight wasteful years. Can you believe what has been schemed by the Left, whether they win another election or not? Who would have predicted that America would be faced with such internal sabotage? The saboteurs believe we’ll give up!
    Well, are they right? I don’t think so, I’m angry as all he– about such sabotage!.

    • common sense says

      Feb 10, 2017 at 5:32 pm

      Yup Stan Lee we all know it and I can believe these scum sucking federal judges would do this. They believe it’s their highest calling. I libe here cautiously filtering out all the lefty air I breathe

      Their hubris is going to bite them back hard and to me it looks as if the opposition has to play our hand to expose their treachery.
      They are stupid and they do make stupid deals and pc is killing our country.Trump has been wrong where? On what? When?
      This is why they hate him he effectively exposes them at every turn.

    • carpediadem says

      Feb 10, 2017 at 11:55 pm

      The sabotage has been going since the early 1900s, nothing to predict.

  8. David Conell says

    Feb 10, 2017 at 2:02 pm

    US Constitution Article III Section 2.1.

    “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States…”

    Pretty clearly says judicial power extends no further than the laws of the United States. Seems like Canby Clifton and Friedland have extended their judicial power beyond that which is authorized by Article III and arguably each has committed an impeachable offense.

    BTW I was an average high school student (prior to unionized teachers).

  9. Angemon says

    Feb 10, 2017 at 2:07 pm

    Lawfare indeed…

  10. somehistory says

    Feb 10, 2017 at 2:13 pm

    o was *allowed* by the courts to bring in any he wanted and to restrict those he didn’t want to come in…(Christians and other non-moslims). The courts ruled against AZ for trying to enforce the laws on immigration.

    Mr. Trump is being told he cannot limit anyone from coming in, even though the law says that it is his job to decide who comes in and who stays out.

    The government…judges and everywhere else…is infected with the snakes of islam.
    brookings institute is also as is the media. The decisions are still being made in favor of terrorists.

  11. Custos Custodum says

    Feb 10, 2017 at 2:37 pm

    The Administration should NOT allow the courts to extend their own power unilaterally. The Administration can and should simply ignore the court’s unlawful decision, revoke suspect visas etc. anyway, and ensure the subjects do not enter U.S. soil.

    Remember the famous line (attributed to Andrew Jackson): [Supreme Court justice] John Marshall has made his decision, now let him enforce it.

    Of course, some finesse will be required to make this more palatable from a PR perspective. (Meanwhile, continue to intimidate the MSM by cutting off access.)

    President Trump should follow the approach that has put him into the White House: EDUCATE the people directly, repeatedly, over the heads of the soi-disant elites.

    Pithy, tabloid-style catch phrases supported by stories of victims of illegal immigration.

  12. mortimer says

    Feb 10, 2017 at 2:44 pm

    A court cannot overturn presidential powers clearly mentioned in the constitution and already implemented by previous presidents. This is preposterous.

  13. Richard Paulsen says

    Feb 10, 2017 at 4:53 pm

    Worrying most western european countries having a favorable view of muslims. Seems as if the more muslims in a country the more favorable view.
    At the same time the number of Muslims are growing in Europe while Jewish and Christians are decreasing.
    People seemingly not worried islamic interests one day might control NATO and its weaponry.
    Must change. Europe and world peace severeley under threat.
    http://assets.pewresearch.org/wp-content/uploads/sites/2/2016/07/GA_2016.07.11_national_identity-00-01.png

    • Raja says

      Feb 10, 2017 at 7:24 pm

      Richard Paulsen,

      It is indeed worrying that the Western European states have a favorable view of the Muslims. The left centered West has brought Europe this sorry state of affairs. God has allowed these nations to be self-destroyed because of godlessness.
      Romans 1:
      21 For even though they knew God, they did not honor Him as God or give thanks, but they became futile in their speculations, and their foolish heart was darkened.
      22 Professing to be wise, they became fools,

  14. Wellington says

    Feb 10, 2017 at 6:50 pm

    Time for term limits on ALL federal judges, something in the 10-12 year duration. Lifetime tenure for judges is NOT a good idea. After 10-12 years they can be reappointed for another 10-12 years and so on but no one from any three of the political branches should have guaranteed lifetime tenure. As of present the executive and legislative branches do not. Neither should the judicial branch.

  15. Raja says

    Feb 10, 2017 at 7:09 pm

    Pull down America from the position of “Super Power” to banana republic. That seems to be the sole objective of the left to “preserve” globalization, preserve multi-culturism and appease Islam the evil “religion”.

    It is high time Trump also counters the Islamic lie and war machine by encouraging debates across America.. At least this way the foolish leftist can be educated about Islam and that it is at loggerheads with democracy and God given liberty.

    • Carolyne says

      Feb 11, 2017 at 11:58 am

      I don’t believe that leftists wish to be educated about Islam. In fact, their education is somewhat limited in other fields, i.e. the US Constitution, freedom to speak but not to commit arson, etc.

      As Obama promised in his first campaign, he would “Fundamentally change America.” And he has done so.

  16. Troybeam says

    Feb 11, 2017 at 9:24 am

    28 U.S. Code § 453 – Oaths of justices and judges

    Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
    US Code

    Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
    (June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, § 404, Dec. 1, 1990, 104 Stat. 5124.)

    https://www.law.cornell.edu/uscode/text/28/453

    These 3 Judges are putting personal views before their sworn oath, clearly disregarding the Constitution in all areas, they need to resign or be replaced for failure to do one’s job.

  17. Carolyne says

    Feb 11, 2017 at 12:01 pm

    I can see why the judge on the right would make erroneous rulings. She is so unattractive, that is the only power she has. If we donated money to give her a chin and fix that overbite, I wonder if that might cause her to spend more time learning the Constitution, and less time worrying about her looks.

  18. patriotliz says

    Feb 12, 2017 at 10:04 am

    But it’s the U.S. consulates that grant VISAs. Going forth, why not just not grant VISAS to anyone Trump deems a threat? Are refugees forced on us? Japan hasn’t taken in hardly any Muslim refugees.

  19. DANIEL L BARBOUR says

    Feb 12, 2017 at 8:00 pm

    All three of those clowns look like something dead to me. Killer clowns maybe?

FacebookYoutubeTwitterLog in

Subscribe to the Jihad Watch Daily Digest

You will receive a daily mailing containing links to the stories posted at Jihad Watch in the last 24 hours.
Enter your email address to subscribe.

Please wait...

Thank you for signing up!
If you are forwarding to a friend, please remove the unsubscribe buttons first, as they my accidentally click it.

Subscribe to all Jihad Watch posts

You will receive immediate notification.
Enter your email address to subscribe.
Note: This may be up to 15 emails a day.

Donate to JihadWatch
FrontPage Mag

Search Site

Translate

The Team

Robert Spencer in FrontPageMag
Robert Spencer in PJ Media

Articles at Jihad Watch by
Robert Spencer
Hugh Fitzgerald
Christine Douglass-Williams
Andrew Harrod
Jamie Glazov
Daniel Greenfield

Contact Us

Terror Attacks Since 9/11

Archives

  • 2020
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2019
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2018
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2017
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2016
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2015
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2014
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2013
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2012
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2011
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2010
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2009
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2008
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2007
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2006
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2005
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2004
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2003
    • December
    • November
    • October
    • March

All Categories

You Might Like

Learn more about RevenueStripe...

Recent Comments

  • gravenimage on Israel At A Crossroads?
  • Infidel on Greece, Cyprus, Egypt, France and UAE conduct joint military exercises amid rising Turkish threat
  • iconoclast123 on India: Police make first arrest for ‘love jihad’ under new law
  • gravenimage on Greece, Cyprus, Egypt, France and UAE conduct joint military exercises amid rising Turkish threat
  • Brando on New study reveals that Muslim religiosity strongly linked to hatred towards the West

Popular Categories

dhimmitude Sharia Jihad in the U.S ISIS / Islamic State / ISIL Iran Free Speech

Robert Spencer FaceBook Page

Robert Spencer Twitter

Robert Spencer twitter

Robert Spencer YouTube Channel

Books by Robert Spencer

Jihad Watch® is a registered trademark of Robert Spencer in the United States and/or other countries - Site Developed and Managed by Free Speech Defense

Content copyright Jihad Watch, Jihad Watch claims no credit for any images posted on this site unless otherwise noted. Images on this blog are copyright to their respective owners. If there is an image appearing on this blog that belongs to you and you do not wish for it appear on this site, please E-mail with a link to said image and it will be promptly removed.

Our mailing address is: David Horowitz Freedom Center, P.O. Box 55089, Sherman Oaks, CA 91499-1964

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.