Ninth Circuit (As Expected) Slaps Down Latest Trump Appeal, In East Bay Sanctuary....

Busy night, tonight, for Trump taking more stinging legal-related losses. His gambit to reinstate his unlawful asylum modification has foundered, in the Ninth Circuit tonight. He is a loser, again. And the rule of law. . . is the winner. [Expect a petition for cert., and a denial from the Supremes, next.]

Here is the 70 page opinion and order (for publication) -- it is comprehensively well reasoned. We -- as in "We the People," will teach 45 that he is not above the law. Here's a bit (second paragraph, from page 47):

. . . .For more than 60 years, our country has agreed, by treaty, to accept refugees. In 1980, Congress codified our obligation to receive persons who are “unable or unwilling to return to” their home countries “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. §§ 1101(a)(42), 1158(b)(1). Congress prescribed a mechanism for these refugees to apply for asylum and said that we would accept applications from any alien “physically present in the United States or who arrives in the United States whether or not at a designated port of arrival . . . irrespective of such alien’s status.” Id. § 1158(a)(1). . . .

The Rule is likely arbitrary and capricious for. . . [another] reason: it conditions an alien’s eligibility for asylum on a criterion that has nothing to do with asylum itself. The Rule thus cannot be considered a reasonable effort to interpret or enforce the current provisions of the INA. See Chevron, 467 U.S. at 843. In accordance with the Convention and Protocol, Congress required the Government to accept asylum applications from aliens, irrespective of whether or not they arrived lawfully through a port of entry. This provision reflects our understanding of our treaty obligation to not “impose penalties [on refugees] on account of their illegal entry or presence.” Convention, art. XXXI, § 1, 189 U.N.T.S. at 174. One reason for this provision is that, in most cases, an alien’s illegal entry or presence has nothing to do with whether the alien is a refugee from his homeland “unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42). For example, whether an alien enters the United States over its land border with Mexico rather than through a designated port of entry is uncorrelated with the question of whether she has been persecuted in, say, El Salvador. . . .

Onward -- and do know that there is MUCH more to come, out of Manafort's sentencing -- and still some, as to Cohen. Mr. Mueller is burying 45. Positively burying him -- and no amount of Bill Barr bluster will ever undo this outcome: 45 will be seen leaving office, early, and voluntarily (just like Nixon, before him). Trust that.

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