Tuesday, October 10, 2017

[U X2] Hawaii Has Buried 45: A Rock-Solid 44 Page THIRD Amended Complaint -- On Muslim Ban No. 3!


UPDATED: 10.11.17 @ 10 AM EDT -- Overnight the able Judge Watson has ordered 45's lawyers to produce, by October 14, the document (apparently not yet made public, in violation of the applicable federal rules) upon which the Trump Administration relies as the would be empirical support for Ban No. 3, thus:

"The Government is ordered to provide, with its response to Plaintiffs' filings, a copy of the September 15, 2017 Report submitted by the Secretary of Homeland Security, which is referenced in Section 1(h) of Proclamation No. 9645 entitled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats." The September 15, 2017 Report is due no later than 6:00 AM H.S.T. on October 14, 2017. . . .

IT IS SO ORDERED. (JUDGE DERRICK K. WATSON). . .
"


This is significant -- I was not aware that 45 was withholding rules-required documents from the public view, on this latest ban attempt. If we are a nation of laws, Mr. Trump will no longer be able to avoid explaining his rationale for Muslim Ban No. 3 now -- and so, it will fail. [End, updated portion.]

Do read it all -- including exhibits, it weighs in at nearly one hundred pages.

I've attached only the 44 page amended complaint, proper. 45 will lose in Hawaii, and he will lose in Maryland. Here's a bit:

. . . .On September 15, 2017, the President issued a tweet stating: “The travel ban into the United States should be far larger, tougher and more specific but stupidly, that would not be politically correct!”

The White House Press Secretary has confirmed that President Trump’s tweets represent “official statements”. . . . The President has never renounced or repudiated his calls for a ban on Muslim immigration. . . .

Six of the seven countries whose nationals are subject to entry restrictions under EO-3 — Chad, Iran, Libya, Syria, Somalia, and Yemen — have majority-Muslim populations. Approximately 55.3% of Chad’s population is Muslim. Among the other five countries, the percentage of the population that is Muslim ranges from 92.8% to 99.8%. . . .


Between issuing patently unconstitutional proclamations (and helping his current -- and former -- wives argue about who is the "real" First Lady -- yeesh!), and engaging in sophomoric tweet battles with both his Secretary of State (over IQs!), and now, demeaning the height of the Republican Senator from Tennessee -- I often wonder: what exactly is this guy doing, to earn a tax-payer funded paycheck?

FINAL UPDATE: 10.12.17 @ 4:00 PM EDT -- In the Maryland case, Trump's lawyers (just now filed, as a new motion) make the preposterous claim (at pages 28 to 32) that once Congress delegates some immigration power to the President, it may never amend those delegtions, nor take any of them back. They rely on a 1918 version of the statute -- to say his powers are unreviewable ever since 1918. Thus, they argue that the 1966 amendments to the INA cannot be a basis for stopping 45's "nationality-based pogroms". That is absurd. But they have to argue that, because his are plain violations of the 1966 amendments. [End updated portion.]

He clearly golfs too much, wastes weeks doing nothing (telling private employers what they must tell their unionized workers to do or not do -- most recently, threatening NFL tax status — all in arguable violation of 18 U.S. Code § 227), and then talks way too much nonsense trash -- to be anyone's effective leader. He should return all of his federal paychecks. Right now. Out.

नमस्ते

1 comment:

condor said...

I’ll have a post on “mootness” — late today or tomorrow. The Supremes in fact did none of the things Faux News is claiming they did.

Now we wait for the 24th, and a coming Supremes order (dismissing as impovidently granted), on Ban No. 2 — out of the Ninth Circuit (by way of Hawaii). Until then, any tea leaves reading is. . . a silly exercise.

Namaste. . . .