No Holds Barred! Let the lawsuits begin. seriously and literally

The desperation mounts. You’d think riots were bad enough but, no. Now we have political spies. As noted earlier, the release of a recording of a GOP meeting in Pennsylvania required permissions not obtained. Now it appears that a Woman impersonated lawmaker’s wife, snuck into GOP retreat. This gets elevated in implications because she bypassed Secret Service protections of the Vice-President.

Meanwhile, a Federal judge is working to circumvent national security as well. But DHS will continue to enforce Trump’s travel ban – “Stephen Miller, a senior adviser to the White House, said, “Nothing in the Brooklyn judge’s order in anyway impedes or prevents the implementation of the president’s executive order which remains in full, complete and total effect.”

The DHS said in the statement that they “will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism.” They also added that they plan to ensure the safety of the American people by making sure those entering the U.S. pose no threat.

Stephen Dinan: First lawsuit filed to challenge Trump’s refugee policy – “Officers told Iraqi man’s attorneys to ‘Call Mr. Trump’” … “The lawsuit said the Trump order is unconstitutional because it discriminates based on someone’s country of birth, and “was substantially motivated by animus” toward Muslims.” As one of the first comments noted, the Immigration and Nationality Act of 1952 (see also Wikipedia) is the law on the topic. A key from Dinan is the “ substantially motivated by animus” as that shows bias. What ‘animus’ there is is clearly stated as being about Islamic Terrorists and if such a bias is contrary to the Constitution, it’d require changing the oath of office for many federal employees and elected officials.

Sundance has a bit better explanation of the judicial activism: New York Federal Judge Intercedes To Clear Airports of Current Limbo Visa Holders… – “The judge did not rule on the legality of the executive order, nor did she say that others who have not yet arrived in the U.S. can be allowed to proceed.” Several other judges whose jurisdictions include international airports have also joined in on the ‘Limbo Visa Holders.’ This can get interesting as the ‘border’ up to now for airplane passengers has always been defined as a part of the ‘international’ designation for the airport. These judges want to turn that upside down.

This is another of those paradoxes such as the distinguished law professor illustrated (see a previous post) that an EO to follow the law was somehow un-constitutional. To see just how much disdain the Left has for national security, see Andrew Blake: ‘Lady Liberty is crying,’ Democrats declare in wake of Trump’s visa, asylum executive order – there is the usual: heart string tugging, reduce to the absurd fallacies, misperceptions so bald you’d think them intentional, … just more effort by the Left to gaslight the public.

Joseph Klein says Law And Order Returns To The Border – “President Trump begins fulfilling his promise in two historic executive orders.”

President Donald Trump is doing something incredibly rare for a politician in Washington, D.C. He is keeping his word. Two of the most important of his campaign promises were to stem the flow of illegal immigrants into this country and to suspend the admission of “refugees” from countries prone to terrorism until a system of “extreme vetting” is put into place.

After eight long years of Obama administration policies that endangered the security of the American people, President Trump is placing Americans first — before illegal aliens and self-declared “refugees” from terrorist prone countries.

The president began fulfilling his promises on immigration by signing two executive orders on Wednesday at the Department of Homeland Security (DHS), whose responsibilities include overseeing immigration and border security. Mr. Trump also took part in a ceremony installing his new Secretary of Homeland Security, retired Marine General John Kelly. In his remarks following the signing, President Trump emphasized that DHS is a “law enforcement agency.” He added that “beginning today, the United States gets back control of its borders.”

The Trump administration is anticipating roadblocks put in its way by legal challenges, including activists’ exploitation of environmental laws to block construction of the wall. However, the administration should be able to prevail and move forward expeditiously. The REAL ID Act of 2005 gives the Secretary of Homeland Security “the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads” along U.S. borders. Federal district courts have exclusive jurisdiction to hear challenges to the Secretary of Homeland Security’s determination, but a “cause of action or claim may only be brought alleging a violation of the Constitution of the United States.” Melinda Taylor, an environmental law professor with the University of Texas, said, “The new administration has a wild card they can pull and it’s in this law. The language in this law allows them to waive all federal laws that would be an impediment to building any type of physical barrier along the border, including a wall.” Actually, “the authority to waive all legal requirements” in the statute would extend to state and local laws and regulations, as well as federal laws. The president’s constitutional authority derives from his fundamental constitutional duty to “take care that the laws be faithfully executed” – in this case, the nation’s existing immigration laws.

Two things here. One is that Trump anticipates obstructions such as seen in today’s news. The second is that existing law is on his side. Note the requirement for a “violation of the Constitution of the United States.” That is the one being created to support the Limbo Visa Holder case. Support of that view is likely to be difficult. As Klein says “While leftists and other pro-Islamists will undoubtedly cry foul and may go to court in an effort to overturn this executive order as allegedly discriminating against Muslims on religious grounds, President Trump’s action is well within his legal authority.”

Former President Obama put Americans’ lives in danger by his ill-advised immigration and refugee policies. He also released scores of suspected terrorists from Guantanamo Bay despite at least a 30 percent recidivist rate. President Trump, by contrast, is showing that he means what he says in making the protection of the American people his first priority.

Jazz Shaw: So the courts want to fight the President on immigration policy

So things really blew up overnight, eh? There were all sorts of “spontaneous” protests popping up at airports around the nation in response to the new executive action on immigration and refugees. (If you were watching liberal Twitter you saw how “spontaneous” they really were. This was coordinated nationally.) But of more interest are the actions taken by several judges hearing appeals from some of the travelers who were being detained. In response, one judge in New York imposed a stay on portions of the executive order, while another in Boston attempted to block the entire thing. (NBC News)

I have zero doubt that this is going to turn into a mess in the courts. Keep in mind that if you go to the correct areas (such as Boston) you can find a judge to say almost anything, but this will eventually need to be sorted out. That’s going to be an educational experience for plenty of us because many questions regarding immigration policy can be very complicated. We’re dealing with non-citizens in different classifications as well as wrestling with the distinction between deporting people who are in the country versus denying entry to those who are not. And that’s an important point, because non-citizens inside the country, while not having the same level of rights as citizens, still maintain a more powerful position than those on the outside trying to get in. Deporting someone is always much more complicated than simply barring a non-citizen from entering.

William A. Jacobson shows why Most claims about Trump’s visa Executive Order are false or misleading – “You should read the actual EO, because most of the media and leftist pundits either have not or are lying if they have.”

It is possible to criticize the EO and Trump visa/refugee policy without hyperbole and fakery. That opponents feel the need to make false and misleading accusations is a signal that they fear losing the policy argument on its merits.

National security also involves Russia. Evgeny Lebedev takes heart in the Churchill bust episode. Thawing the permafrost with Russia – “There are good reasons to work with Vladimir Putin against a shared threat.”

Whether due to that anachronistic dogma or because their careers depend on a deliberate misreading of the geopolitical runes, America’s political and military classes will try to block any Trump-Putin embrace, citing alleged cyber-interference in the election and occupation of Crimea as twin disqualifiers of an alliance that offers our best hope of crushing Islamic terrorism. They will say Mr. Putin means to invade the Baltics as the next stage of a master plan to recreate the Soviet Union, never mind that his teetering economy is in no shape to absorb their populations.

Although I was born and spent my earliest years in Moscow, I make no claim to special insight. “I cannot forecast to you the action of Russia,” was how Churchill put it in his enigma speech. Nor can this Russian emigre.

But one high priest of realpolitik said this when asked just this week if he agreed with Joe Biden that Mr. Putin’s main aim is to destabilize the West. “No,” replied Henry Kissinger. “We are worried that this is his objective. He is worried that our objective is to undermine him.”

The time has come to end this vicious spin cycle of mutual suspicion. Rebuilding trust won’t be easy. Accommodations would have to be made and sealed at a suitably trumpeted summit or conference. Yalta II, even. Mr. Putin agreeing to respect Ukraine’s borders, the West conceding Russia’s right to Crimea.

About the EO: A number of people are talking about Trump flooding the zone with so many headline grabbing pronouncements. Others range from amazed to giddy to outraged that Trump is doing something no newly elected President before him has done: follow up on campaign promises with alacrity. The Left’s line on all this is that it is hasty action not well thought out and a total mishmash illustrating incompetence and whatnot. Ed Morrissey cites CBS: This week in executive orders … – “President Trump has issued fifteen executive actions, and CBS provides a scorecard.“ This casts doubt on the Left’s line.

To paraphrase Stanley Kubrick, have conservatives and populists stopped worrying and learned to love the EO? Not really, no, but it helps to understand the nuances of executive orders and presidential memoranda. CBS’s Rebecca Shabad makes the distinction:

“Seven days into his first term, Mr. Trump has issued more than a dozen executive actions, which include a government-wide freeze on new and pending regulations, the reinstatement of a policy that bars U.S. funding to health providers abroad that discuss abortion as an option and a call for the construction of a physical wall along the U.S.-Mexico border.

“Most of the actions taken so far are technically presidential memoranda, and four have been executive orders, which have the force of law and must be published in the Federal Register. Historically, presidents have embraced the executive order as a tool to use when there’s a lack of action from Congress.”

Shabad misses one nuance; executive orders have the force of law within the executive branch, not outside of it. To the extent they conflict with existing statutes, they have no force at all. This was the issue with Barack Obama’s executive actions, most of which did not come in the form of EOs.

Trump’s EOs, in comparison [to Obama’s], have so far mainly stuck to exercises of authority within the executive branch’s jurisdiction, and not crossed over into conflicting with statutes.

Paul Mirengoff: An under-reported fact about the Trump presidency – “The first week of Donald Trump’s presidency received wall-to-wall coverage from the mainstream media. His every word was fact-checked, after a fashion.”

But on the whole, the mainstream media seems to be missing or under-playing one significant angle on the nascent Trump administration. The president is keeping his campaign promises.

Personally, I think it’s ridiculous to demand that Mexico pay for a wall designed to advance U.S. interests. I have mixed feelings about coercing a U.S. company not to build a plant outside the U.S. I’m okay with a 90 day suspension of entry for people from Syria, Iraq, Iran, Sudan, Libya, Somalia, and Yemen, but can understand why some find this problematic.

Each of these policies or practices, though, fulfills a campaign promise. President Trump is doing what candidate Trump said he would do.

It turns out that Donald Trump needed to be taken both seriously and literally.

Luboš Motl has two posts worth review this morning. Unreasonable university calls for a civil war against Trump and Trump’s Blitzkrieg against the rogue and fake U.S. government “scientific” tweeters.

At some moment, you could think that the climate hysteria is the most important “value” that the leftist folks really care about. But as the ongoing screaming shows, multiculturalism is ultimately above the climate hysteria. People from universities – including various people I know and sometimes like – are writing petitions, urging their colleagues to fight and resist, and all stuff like that.

The reason is that Trump has fulfilled his campaign promises and suspended the arrival of people from unsafe Muslim countries.

– – –

While the stupid media discusses big questions such as the size of his inauguration crowd and the length of his tie, the new U.S. president is working hard. We’re being assured that virtually all of his campaign promises were meant very seriously.

Thousands of hard left scholars have signed a petition against the suspension of the Syrian refugee program and similar reductions of the immigration from the Muslim world. I’ve spent some five minutes by looking at the list of the signatories and I know about 20-30 of them in person. They’re fine and smart people, please don’t make a mistake about it. They’re just wrong about politics. And it’s also interesting to realize how many people could have been signed but they’re not. I find it clear that the non-signatories are a silent majority.

However, something else is happening in the underground movement, e.g. on Twitter. A bunch of unofficial “resistance or rogue Twitter accounts” of some U.S. government agencies related to the environmental sciences has emerged … It’s not clear who runs these accounts and whether they’re employees of these institutions at all. They don’t have to be. In fact, they don’t have to be Americans at all. In particular, it’s consistent with everything I know that all these accounts are run by William Connolley, the British Green Party apparatchik notoriously responsible for 90% of the alarmist bias in the Wikipedia’s articles related to the climate change.

So enjoy your fake news on fake NASA, EPA, HHS, and other accounts but the rest of us will be pleased that you will regain your status of self-evident crackpots who sleep at the treetops and you won’t be able to influence the fate of the United States of America which you basically could in recent years.

You’d think a Sunday would be a day of rest, a day a bit quieter than the weekdays. Whoops. 2500 words of note from only the first level of the stack. Come to think of it, this is Pro-Bowl day. That’s on ESPN at 5 p.m. PDT. That game has a reputation for being watered down and not serious football. Maybe that’s the antidote? 

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