CA attorney gives his opinion on Trump’s EO and district court ruling

Tags

Donald Trump, executive Order, extreme vetting, federal law, Illegal Immigration, Islamic Terrorism, jihadist breeding grounds, middle-east, state law, Temporary Restraining Order

Editor’s Note: I am re-posting the following email verbatim received last night from Robert Trent on Washington state federal Judge James L. Robart’s issuance of an emergency temporary restraining order (TRO) nationwide that blocks President Trump’s executive order from being carried out.

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Written by:  Lawyer, CA politician (one of the good guys) —

On the Seattle Judge’s ruling against the Trump Exec Order.

1. The Judge is incredibly wrong.
2. The Judge found that “The executive order adversely affects the state’s residents in areas of employment, education, business, family relations and freedom to travel,” Robart wrote, adding that the order also harmed the state’s public universities and tax base. “These harms are significant and ongoing.”
3. Note the following:

(a) Immigration is the province of the federal government not the states. According to the Supreme Court “The right to [exclude aliens] stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation.”

(b) Federal immigration law provides, in Section 1182(f), 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 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 non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate”

(c) Under Section 1187(a)(12), (an Obama era law) it provides that an alien is eligible for the waiver only if he or she has not been present (a) in Iraq or Syria any time after March 1, 2011; (b) in any country whose government is designated by the State Department as “repeatedly provid[ing] support for acts of international terrorism”; or (c) in any country that has been designated by the Department of Homeland Security as a country “of concern.”

Obviously, Trump’s executive is grounded firmly in the above.

(d) The Judge’s rational could be used to “block” every immigration/nation defense related law ever made let alone executive orders. Of course, federal actions of that type affect individuals within states. Really every federal law could be said to do that. It doesn’t matter if they do, however, because federal law on that topic supersedes state law and concerns.

(e) Even if the above were not true, the Judge made that finding without providing any factual basis – he just said it will have that effect.

If the Supreme Court does not overturn the order – just like this order, it will be another sad political day in the Courts.

Please share.

Croos-posted at Grumpy Opinions.

 

OCCUPY WALL STREET — Judge Rules that City can’t keep OWS protesters and their Crap out of Zuccotti Park — Wtf???????????? (UPDATED)

Tags

Marxism, Michael Bloomberg, New York, NYC, Occupy Wall Street, OWS, Power Grab, Private Property, socialism, Temporary Restraining Order, Wall Street

NEW YORK DAILY NEWS

“Hours after baton-wielding cops cleared Occupy Wall Street protesters and their tents out of Zuccotti Park, a judge signed a order Tuesday saying the demonstrators can return with their stuff.

Mayor Bloomberg said the city was trying to clarify the restraining order signed by Manhattan Supreme Court Justice Lucy Billings, a former civil liberties lawyer.

In the meantime, Zuccotti — which briefly reopened after a scrub-down — would be closed to the public, Bloomberg said….”

CONTINUE

What about the rights of New Yorkers, the businesses and residents who are suffering because of these freeloading Marxist bastards who have invaded our City?

Below is a copy of the Temporary Restraining Order filed by attorneys for Occupy Wall Street and signed by Manhattan Supreme Court Justice Lucy Billings.

Click to enlarge: Read the full court order

View this document on Scribd

So who is this judge who granted these invaders the right to retake Zuccotti Park?  She is a Progressive’s wet dream.  You can view her Progressive bio here.  Below is an excerpt:

“Justice Lucy Billings prepared for the Supreme Court as a lawyer for 25 years at the ACLU National Headquarters and as Litigation Director in Legal Services, handling complex civil rights litigation to enforce new rights for minority, disabled, and low-income persons.

She forged new legal remedies by litigating issues not previously addressed in housing, environmental justice, including preventing lead poisoning, public health, child welfare, education, and employment. In 12 years as a judge, she has presided over complicated, high profile cases.

They include unlawful attempts to prohibit street artists from selling their work, State agencies’ unlawful procedures for collecting debts, construction site disasters, sexual abuse of schoolchildren, and discriminatory firing of employees…”

After reviewing her bio, what do you think the odds are that Justice Billings can be objective?

Slim to none.

What are the odds that there exists a non-partisan judge in NYC to take this case?

Even slimmer.

UPDATE:  The lame stream media would report that New Yorkers are up in arms over the eviction of the invaders from Zuccotti Park when in reality, we celebrated their eviction.

As proof, below is a screenshot of the comments under the above article.  Judge for yourself by clicking on the image.  It will take you straight to the NYDN comments.

http://www.nydailynews.com/new-york/court-order-city-t-occupy-wall-street-protesters-stuff-zuccotti-park-article-1.977674#art_comments_tab