Nel's New Day

February 10, 2017

DDT: Week Three – Part 1

Dictator Donald Trump’s (DDT) third week was rougher than the first two. His declaring moral equivalence between the United States and Russia called out condemnation from both conservatives and progressives. General Barry McCaffrey, now retired, said his statement was “the most anti-American statement ever made by the president of the United States.”

The UK’s House of Commons Speaker said that he didn’t want DDT to speak before Parliament because of its opposition to racism and sexism and support for equality and an independent judiciary. One of three people to make the decision about DDT’s speaking in Westminster Hall, John Bercow said to applause, “An address by a foreign leader to both houses of Parliament is not an automatic right. It is an earned honor.”

Dissatisfaction with the government—now entirely Republican—is the most important issue facing the nation. DDT, in his continued war against the press, tweeted, “Any negative polls are fake news,” and deputy assistant Sebastian Gorka added that the White House will use the phrase “fake media” to attack journalists “until the media understands how wrong that [anti-Trump] attitude is.” In DDT-World, all protesters are also paid; his counselor Kellyanne Conway told GOP legislative staffers that the constituents calling their bosses don’t represent “real people.”

Other DDT disasters in the past week:

Russia & Michael Flynn: Nine intelligence officers have declared that DDT’s National Security Advisor discussed lifting sanctions with Russian Ambassador Sergey Kislyak last December, and two of them said that Flynn promised that the problem would be reviewed just immediately after DDT’s inauguration. Until two days ago, Michael Flynn denied doing this, but yesterday his spokesman said that Flynn couldn’t remember but maybe he did. Flynn’s behavior can be considered an illegal interference between the President Obama’s White House and Russia as well as continuing the conclusion that Russia had interfered in the recent presidential election. VP Mike Pence, who swore that Flynn never discussed sanctions with Russia, is disturbed about finding out the truth, according to his aides. DDT, who cannot be separated from his television watching, said that he is unaware of the controversy.

Judicial Review of White House Muslim Ban: A three-judge panel of the U.S. 9th Circuit Court of Appeals unanimously ruled to continue blocking DDT’s travel ban because it violated the Fifth Amendment’s due process access to courts. Some of the findings:

The ruling applies nationwide even if no federal court blocks it.

Two states have standing to sue on behalf of thousands of foreign students, employees and residents with legal visas.

Courts can receive classified information to determine its findings—in answer to DDT’s statement about how the courts don’t know how scary the world it.

The court cannot rely upon the government’s contention that the Executive Order no longer applies to lawful permanent residents….

“Moreover, in light of the Government’s shifting interpretations of the Executive Order, we cannot say that the current interpretation by White House counsel, even if authoritative and binding, will persist past the immediate stage of these proceedings.”

Before the decision, DDT tweeted nine times criticizing and threatening the judges if they didn’t rule in his favor. He hasn’t decided whether he will appeal the ruling to the Supreme Court. My guess is that he’ll sign more executive orders to ban Muslims, ones written again by Steve Bannon, that DDT thinks will survive a court hearing.

Lies about Terrorist Attacks: DDT accused the press of “intentionally” covering up terrorist attacks and then issued a list of 78 “underreported” global attacks since 2014 to prove the statement. The list included the San Bernardino shooting, the nightclub massacre in Orlando last summer, and the terrorist attacks in Paris, all widely reported, but skipped any terrorist acts by white supremacists and Islamophobes, including the mass killing by a white French Canadian at a Quebec mosque.

Trouble with Obamacare?: DDT suggested that he might wait until 2018 to do anything about the Affordable Care Act. Protesters are inundating town hall meetings with members of Congress who are sneaking out of meetings, calling the police for protection, locking the door so people can’t get in, or just canceling scheduled sessions. Even the representative from the reddest district in the nation is afraid to hold  town hall meetings because of protesters supporting health care. It’s just like the Tea Party from 2010 but in reverse.

Keeping the health care plan doesn’t stop DDT from hurting the people who voted for him—and others who didn’t. Proposed new rules would increase premiums for older customers 3.49 times as for the young, people applying for coverage during the year would have to prove a qualifying life change, and insurance could cut off insurance if premiums are a month late.

What Voter Fraud?: Although Senate Majority Leader Mitch McConnell (R-KY) won’t spend federal money to investigate a non-existent 3 million illegal voters in last fall’s election, DDT has assigned VP Mike Pence to head up a commission for that purpose. Hillary Clinton won the popular vote by over 3 million votes.

Revised Executive Orders: DDT has been given a new version of his torture order that retreats his decision to open “black site” prisons with “coercive interrogation methods.” Thus far, DDT has not signed the new order. Even John Yoo, the George W. Bush DOJ torture official, expressed concern about the White House’s alarming conception of executive power.

Ridicule for Hotelier in the Oval Office: DDT’s obsession with his décor leads him to schedule as many events in the room as possible. Although suffering from a lack of concentration on intelligence details, DDT dwells on the new opulent golden drapes as he gives tours to visitors as he pages “through a book showing 17 window covering options,” according to The New York Times Glenn Thrush and Maggie Haberman.

DDT’s Ownership of Business: Despite his claims that he has nothing to do with his businesses, DDT still retains ownership and personally benefits from the government’s decisions, and his sons, who now supposedly operate the business, also participate in governmental decisions. DDT may no longer be president of the multiple companies, but he still financially profits from its activities. Documents show that the trust does not do away with other conflicts, such as his being executive producer of Celebrity Apprentice, which DDT cited in his speech last week, asking his audience to pray for the program’s ratings. A question also exists about the legality of his continued lease of the Washington hotel, owned by the federal government which prevents any elected official from benefiting from the property.

Attack on Nordstrom: After the retail chain decided not to carry Ivanka Trump’s fashion line, her father launched official tweets about how the corporation had treated her “so unfairly.” Former Obama White House ethics expert Norm Eisen called Trump’s tweet “outrageous” and offered to help Nordstrom sue the president. Two more retailers downgraded publicity on Ivanka’s “made in Asia” clothing line, eliciting a statement from Press Secretary Sean Spicer that the decision, based on the free market, was an attack on Ivanka.

Even “roll over and play dead” Rep. Jason Chaffetz (R-UT), chair of the Oversight Committee, chastised Kellyanne Conway for her blatant endorsement of Ivanka’s clothing line on Fox network. He found it “unacceptable” while ethics experts call it a definite violation of regulations banning executive branch employees from endorsing products and using their office for private gain of friends. Earlier Chaffetz had said that DDT’s attack on Nordstrom was not “a big deal” and that he was just acting like a doting father.  Thousands of people showed up at a Chaffetz town hall meeting, booing and chanting “do your job.”

Loss of Second DDT Legal Case in Two Weeks: South Carolina environmental regulators denied DDT’s request that he get state-paid pollution cleanup at his son’s company. Donald Trump, Jr. bought a company on possibly polluted land and named it Titan Atlas; when it failed, DDT bought out the debt, called the new company D B Pace, and then claimed he didn’t have to pay for the cleanup because he was a brand new owner. To qualify for state cleanup, the buyer can’t be related to the seller, and regulators stated that DDT didn’t give them enough financial information to rule in his favor. Last week, a judge ruled that DDT had to pay $6 million to members at the Trump National Jupiter Golf Course

Melania Trump’s Lawsuit against the UK Daily Mail: Four days ago, DDT’s wife announced in a defamation lawsuit that it would damage her ability to make new “licensing, branding, and endorsement” deals while she is the U.S. president’s wife. Her lawyer described this opportunity as a “once-in-a-lifetime” money making opportunity for clothing, cosmetics, fragrance, etc. She told the court she intended to pursue deals in “apparel, accessories, shoes, jewelry, cosmetics, hair care, skin care, and fragrance.” The publication retracted information from a Slovenian magazine that she had once been a paid escort. Like her husband, Melania Trump admits that she is illegally using her position to make “millions.”

In addition to selecting a “security advisor” who sides with Russia, losing lawsuits, and finding himself involved in conflicts of interest, DDT’s popularity is dropping in Europe as well as in the United States. Federica Mogherini, the European Union’s foreign minister, listed the differences of opinion between EU and DDT, including refugees, migration, climate change, the Iran deal, and the Israeli-Palestinian conflict. She said that putting “America First” can find Europe, vital to U.S. economy and security, to be equally self-interested. Donald Tusk, EU Council president, has put DDT on a list of threats with radical Islam.

And that’s just part of DDT’s week—more tomorrow!

February 1, 2017

Trump Keeps Campaign Promises, Alienates Growing Number of Countries

Have I demoted President Donald Trump (PDT) to just Donald Trump (DT) was a question sent me yesterday. The demotion was accurate because I cannot consider DT a president until he starts acting like one. His actions recently, however, provide a new descriptor for him—Dictator Donald Trump (DDT). Over a half century ago, Rachel Carson wrote Silent Spring, describing the dire consequences of the pesticide DDT including cancer and other destructive effects on the planet. In 1972, the U.S. banned the use of DDT for agricultural use in the nation. Donald Trump may be even more toxic for the United States.

WASHINGTON, DC - JUNE 28: Deputy Attorney General Sally Q. Yates speaks during a press conference at the Department of Justice on June 28, 2016 in Washington, DC. Volkswagen has agreed to nearly $15 billion in a settlement over emissions cheating on its diesel vehicles. (Photo by Pete Marovich/Getty Images)

(Photo by Pete Marovich/Getty Images)

As a dictator, DDT has decided to ignore the U.S. Constitution. Conservative press claims that Sally Yates should have been fired from the Department of Justice because she was insubordinate—that she should do anything the president wants, including supporting his unconstitutional actions. The office of the president can legally fire the Attorney General, but DDT’s action in this case and his petty language smearing her demonstrates his failure to understand that the DOJ is an independent agency. The Attorney General swears an oath to the U.S. Constitution, not to the U.S. president, yet DDT looks at the AG as his personal lackey.

Independence of the DOJ is especially vital at this time when some of the president’s associates are being investigated for their communication with Russia regarding the election.  Republican lawmakers understood the mission of the Attorney General when they confirmed individuals under a Democratic president. As with all else in the GOP world, however, fealty to the president is now of paramount importance with a Republican in the office.

As satirist Andy Borowitz wrote:

“Donald Trump fired the acting Attorney General, Sally Q. Yates, after learning that she had downloaded a copy of the United States Constitution to her computer, Trump told reporters on Monday night. According to the Trump Administration’s code of ethics, established by Steve Bannon, a counselor to the President, ‘possessing, reading, or referring to the United States Constitution’ is a violation that is punishable by termination.

“Suspecting that Yates was in breach of that rule, Bannon seized Yates’s computer at the Justice Department and discovered that she had secretly downloaded a complete copy of the 1789 document. ‘Sally Yates was hatching a covert plot to require my actions to be in accordance with the Constitution,’ Trump said. ‘We caught her red-handed.’

“Trump said he hoped Yates’s firing would send Justice Department staffers the message that ‘if you are caught flagrantly obeying the Constitution, you will be out of here. The American people deserve an Attorney General who will come to work every day ready to flout the Constitution, and in Jeff Sessions, they will have one,’ he said.”

With DDT and the current GOP crop, satire has come close to fact.

In DDT’s exuberance to capture terrorists coming in the country, his Muslim ban led to handcuffing a five-year-old boy and holding him in custody, separated from his parents for at least five hours, because he may have been “a threat to America,” according to Press Secretary Sean Spicer. Sen. Chris Van Hollen (D-MD) revealed that the child is a U.S. citizen who lives in Maryland and described the incident as “outrageous.” The boy was detained despite authorities having prior knowledge of his arrival. When Van Hollen tried to see if the child had been released, he was refused information by airport authorities.

With his new presidential powers, DDT is carrying out his campaign promises, one of them targeting the families of terror suspects. Although Press Secretary Sean Spicer indicated he was not aware of this DDT position, DDT said this on the campaign trail:

“[Y]ou have to take out their families. When you get these terrorists, you have to take out their families. They care about their lives, don’t kid yourself. But they say they don’t care about their lives. You have to take out their families.”

DDT’s first military raid, carried out last Sunday, killed two U.S. citizens, a member of SEAL Team 6 and the eight-year-old daughter of Anwar al-Awlaki, an al Qaeda leader born in New Mexico and killed in a U.S. strike five years ago. The purpose of the raid in southern Yemen was to gather intelligence, and an official said about the raid, “Almost everything went wrong.” Several other SEALs were injured, some seriously, and the child’s death has been useful for al Qaeda recruitment. Terrorist groups are circulating photographs of children who have been killed by the United States.

DDT attacked its (former?) ally in a telephone call last Saturday to Australian Prime Minister Malcolm Turnbull in that country’s attempt to confirm that the U.S. would honor its pledge to take 1,250 refugees. Before the call, DDT accused Australia of trying to export the “next Boston bombers.” A senior administration official stated that the call to Turnbull was “hostile and charged,” according to the Washington Post. Turnbull had assured that acceptance of the refugees was contingent on vetting, but DDT Trump said that he didn’t see how the U.S. would gain anything by honoring its promise. Although Turnbull tried to move on to discuss Syria’s conflict and other important foreign issues, DDT abruptly ended the call and said it was the “worst call by far.”

DDT’s call with the Mexican president seems even worse. Relationships between DDT and Enrique Peña Nieto have been strained since DDT told the Mexican president that he didn’t need to come to a meeting with him if Mexico wouldn’t pay for DDT’s wall between the countries. In this call, DDT threatened to send U.S. troops to stop “bad hombres down there.” Nieto denied that DDT had made this threat, but the Mexican press reported DDT’s statements:

“You have a bunch of bad hombres down there. You aren’t doing enough to stop them. I think your military is scared. Our military isn’t, so I just might send them down to take care of it.”

White House National Security Advisor Michael Flynn announced that the U.S. has put Iran “on notice” for carrying out a medium-range ballistic missile test and attacks by proxy forces on a Saudi frigate:

“The Trump administration condemns such actions by Iran that undermine security, prosperity, and stability throughout and beyond the Middle East and place American lives at risk.”

The missile exploded when its reentry vehicle failed. Flynn declared that the launch violated a UN resolution, but Iran maintains that it has the right to missile development for protection from Israeli attack.  The UN has not made a decision about whether the launch violated its resolution.

Alienating countries in three continents, DDT has ignored Russia’s aggressive actions in escalating its illegal war in Ukraine.

Last week, DDT directed his irritation toward Theresa May, the UK prime minister who visited the U.S. During a joint press conference, May permitted a British reporter to ask this question:

“Mr. President, you’ve said before that torture works; you’ve praised Russia; you’ve said you want to ban some Muslims from coming to America; you’ve suggested there should be punishment for abortion. For many people in Britain, those sound like alarming beliefs. What do you say to our viewers at home who are worried about some of your views and worried about you becoming the leader of the free world?”

DDT avoided answering the question and then said to May, “This was your choice of a question? There goes that relationship!” It may become further strained with May’s opposition to DDT’s positions. She warned DDT and the Republicans to “beware” of Vladimir Putin and keep the sanctions, cautioned him that the West should stop trying to “remake the world in our own image,” backed the Iranian nuclear deal that DDT threatened to tear up, argued for all “diplomatic means at our disposal” to defeat ISIS, and strongly supported NAFTA.

In the first 24 hours after DDT announced his Muslim ban, over 1.5 million people in the UK, that has a population of 64.5 million, signed a petition opposing DDT’s state visit to their country. The petition reads:

“Donald Trump should be allowed to enter the UK in his capacity as head of the US Government, but he should not be invited to make an official state visit because it would cause embarrassment to Her Majesty the Queen.”

In addition, the House of Commons unanimously passed a motion condemning the “discriminatory, divisive and counterproductive” travel ban. On February 20, Parliament will debate whether to rescind DDT’s visit. DDT seems intent on alienating every country except Russia.

trumps-visit

January 31, 2017

Supreme Court Nominee, Lack of Independent Judiciary

Republicans said last year that no Democratic president would ever put a justice on the Supreme Court, starting with their refusal to vet President Obama’s nominee, Merrick Garland, nominated almost one year before the end of the president’s term. Today Donald Trump (DT) drew attention away from his Muslim ban on entering the U.S. by his appointment for this position.Supreme Court nominees can be filibustered unless Senate Majority Leader Mitch McConnell (R-KY) changes the rule to a simple majority.

DT’s nominee: Neil Gorsuch, 49, judge on the Denver-based 10th U.S. Circuit Court of Appeals covering six Western states; the son of perhaps the most corrupt head of the Environmental Protection Agency in its history; attends Episcopalian church; appointed by George W. Bush in 2006; would be the most conservative judge on the court except for Clarence Thomas; opposes assisted suicide, legal in six states, because “human life is intrinsically valuable”; sided with Hobby Lobby in viewing contraception as immoral and defunding Planned Parenthood; falsely described birth control drugs and devices as having the effect of “destroying a fertilized human egg”; believes that business owners have religious liberty claims over their employees’ statutory right to access preventive health care; favors Christian religious expression in public spaces; endorses lack of gun safety laws; opposes agency regulatory power to consolidate power within the judiciary; is originalist, interpreting the Constitution as it was understood at the time it was adopted; opposes using the court for social reform; endangers labor and environmental protections, immigrants, and criminal defendants; most likely supports “religious liberty” to escape anti-discrimination laws; co-founded the ultra-conservative publication The Federalist; wants police to be immune from lawsuit for official actions unless “clearly established” law is violated.

In short, Gorsuch as Supreme Court justice would reward corporations and the Koch brothers and penalize voters, workers, women, and the planet. The question is whether DT appointed Gorsuch because the Democrats will filibuster against him and then go with Thomas Hardiman. Another question is how this nomination connects with the Department of Justice.

In his campaigns, Donald Trump (DT) promised to protect the U.S. Constitution. On Day Seven of his presidency, he issued a Muslim ban that violates up to three constitutional amendments, and on Day Ten he fired Sally Yates a few hours after the Acting Attorney General upheld the Constitution. DT claimed that she “betrayed the Department of Justice” and made the country less safe.

The last president to fire an Attorney General was Richard Nixon when Richard Nixon, who fired his AG and Deputy AG in the “Saturday Night Massacre” because they denied his order to dismiss the Watergate Special Prosecutor. Yates replacement is Dana Boente, U.S. Attorney for the Eastern District of Virginia, until Senate confirms a person for AG. He said that he would order the DOJ to defend DT’s Muslim ban. At this time, Sen. Jeff Sessions (R-AL) is being reviewed by the complete U.S. Senate.

In a letter to Justice Department lawyers, Yates stated that the DOJ must take positions in court that “remain consistent with this institution’s solemn obligation to always seek justice and stand up for what is right.” She also pointed out that the DOJ’s mission is to defend and uphold the Constitution based on established legal precedents. Almost a year ago, she wrote a memo to employees that they must “ensure that politics does not compromise the integrity of our work.”

Concluding that DT’s Muslim ban failed to meet basic constitutional and moral tests, she said she would not assign federal attorneys to show up in court to defend the policy in court. The New York judge granting a temporary restraining order stopping the ban declared that it was likely unconstitutional.

During her 27 years with the DOJ, Yates prosecuted “numerous white-collar fraud and political corruption matters.” She was confirmed as Deputy Attorney General with 85 votes in 2015. Sen. Chuck Grassley (R-IA), chair of the Senate Judiciary Committee, said:

“I supported her nomination, both in Committee and today in the full Senate, and I hope that she will show independence as she provides leadership at the Department. As she told us during her hearing, she is aware that her client is, ‘The people of the United States… not the President… not the Congress, it’s the people of the United States.’”

Sessions, now an anti-Constitution nominee for AG, supported Yates positions:

“Well. you have to watch out, because people will be asking you to do things you just need to say ‘no’ about. Do you think the attorney general has a responsibility to say no to the president if he asks for something that’s improper? [„,] If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no?”

Yates answered that the AG or Deputy AG had the responsibility to follow the law and the Constitution with “independent legal advice to the president.” Sessions followed up:

 “Like any CEO, with a law firm — sometimes the lawyers have to tell the CEO: ‘Mr. CEO, you can’t do that. Don’t do that. We’ll get us sued. It’s going to be in violation of the law. You’ll regret it, please.’ No matter how headstrong they might be. Do you feel like that’s the duty of the attorney general’s office?”

Yates agreed with the 2015 Sessions by saying, “I do believe that that’s the duty of the attorney general’s office, to fairly and impartially evaluate the law and to provide the president and the administration with impartial legal advice.” The year 2017 has a very different president, and Sessions, if confirmed for AG, plans to support the president who lacks respect for the document that Republicans promise to revere.

White House press secretary, Sean Spicer, defended the Muslim ban by citing the tragic attack on a Quebec mosque that killed six people and wounded another eight but made no reference that this was an attack on Muslims. The alleged attacker on the Muslims was Alexandre Bissonnette, a pro-Trump white French Canadian who was known for making anti-immigrant and misogynist remarks. Justin Trudeau accurately called it a terrorist attack on Muslims. Yet the Fox network and the Gab messaging service misinformation insisted on identifying a man of Moroccan descent as a suspect and not a witness.

Another DT defense of the Muslim ban is the attack in San Bernadino by Tashfeen Malick on a K1 visa. Malik was from a wealthy Pakistan family and later moved to Saudi Arabia; neither country is on DT’s list of banned countries. Her husband, who participated in the attack, was a U.S. citizen.

Asked about the five-year-old Iranian boy detained over the weekend in response to DT’s new Muslim ban, Spicer replied, “To assume that just because of someone’s age or gender or whatever that they don’t pose a threat would be wrong.” An 11-month-old baby, a U.S. citizen, was separated from the mother, a legal permanent resident who the Muslim ban tried to deport. The mother was kept from breastfeeding her child.

The press secretary also lied in his references to President Obama’s 2011 policy temporarily delaying visas for Iraqis. And Homeland Security and border patrol officials ignored court orders to release the detainees or even let lawyers see them.

DT also moved James Ragsdale, the Acting Director of Immigration and Customs Enforcement (ICE), to his former position with no explanation. He was replaced with Thomas Homan,  “deporter in chief” who deported at least 920,000 people and “spearheaded the management and reform of the largest civil detention system in the nation” by adding detention beds. An executive order signed by Mr. Trump last week calls for tripling the number of deportation agents. DT has now indicated that he intends to emphasize Homan’s harsh enforcement measures.

The possible confirmation of Jeff Sessions as AG is a continuing constitutional crisis exemplified by the firing of Sally Yates. White supremacist Steve Bannon said that he and Sessions are at the center of Trump’s “pro-America movement” and the global nationalist phenomenon. Bannon claims that the nation is “witnessing now is the birth of a new political order, and the more frantic a handful of media elites become, the more powerful that new political order becomes itself.” Sessions has refused to recuse himself from any investigations into DT, his family, his aides, his conflicts of interest—anything that would challenge DT. And he’ll have the support of the white supremacists.

DT’s firing Yates goes far beyond unconstitutionality of the Muslim ban to raise questions about his commitment to the Constitution and the law of the land. He has said that federal district judge, Gonzalo Curiel, could not properly adjudicate a fraud lawsuit against Trump University because his parents were born in Mexico. DT would “instruct the attorney general to get a special prosecutor to look” into Hillary Clinton if he got elected and suggested he would break the law by waterboarding terrorism suspects.

Firing Yates also raises questions about DT’s relationship with the judiciary, which is intended to be an independent government branch. Did DT require commitments from his new nominees, Sessions and Gorsuch? Would he directly contact them about personal complaints? Or push them toward decisions that he wants?

The United States may be in the midst of a coup, “a change in power from the top that merely results in the abrupt replacement of leading government personnel”–a massive power grab by people who hate the rule of law.

January 29, 2017

Protesters Gather over Muslim Ban

Filed under: Donald Trump,Religion — trp2011 @ 8:44 PM
Tags: , , , ,

protest-boston-copley-squareThe women’s march was only a week ago, and now thousands of protesters, such as the ones in Boston’s Copley Square above, have gathered in opposition to President Donald Trump’s (PDT) ban on Muslims coming into the United States. PDT’s order, written by white supremacist Steve Bannon, bars all refugees from entering the U.S. for 120 days and all Muslims from seven Middle East countries for 90 days. Although PDT staffer Reince Priebus denied on Meet the Press that the ban is also on legal U.S. residents who hold green cards, these people have also been retained. The order states that they will need a case-by-case waiver to enter the country. Especially notable about the order is that is poorly written and was not vetted by any legal members of the PDT administration.

Cardinal Blase J. Cupich, Archbishop of Chicago, called the ban “a dark moment in U.S. history,” citing the need for suffering people to save their lives by seeking refuge. Cupich wrote:

“The world is watching as we abandon our commitments to American values. These actions give aid and comfort to those who would destroy our way of life. They lower our estimation in the eyes of the many peoples who want to know America as a defender of human rights and religious liberty, not a nation that targets religious populations and then shuts its doors on them.”

PDT has denied that his ban has anything to do with religion:

“To be clear, this is not a Muslim ban, as the media is falsely reporting. This is not about religion.”

trumpYet PDT’s order clearly identifies that refugee claims are for “religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.” All seven countries’ majority religion is Islam; thus the ban clearly favors Christian refugees and violates the Establishment Clause in the First Amendment prohibiting one religion over another. Equal protection is also covered in the Fifth Amendment’s Due Process Clause. PDT is following his campaign promise of calling for “a total and complete shutdown of Muslims entering the United States” and his admission that he would pretend the ban would be a neutral immigration restriction. Another argument for overturning PDT’s ban is the violation of a federal law forbidding discrimination based on national origin in the immigration system.

Within the first 23 hours of the ban, at least 375 people were impacted before U.S. District Court judge Ann M. Donnelly of Brooklyn issued an emergency order last night, halting the deportations. The ACLU filed a lawsuit on behalf of those banned, which Donnelly said is likely to succeed when a full trial is held in several weeks. Several other federal courts also issued similar stays. Rulings in four other cities are limited to those already at U.S. airports or in transit, not to the legality of PDT’s ban.

A federal judge ordered the DHS to allow an Iranian man holding a U.S. visa to return to California from Dubai where he was awaiting removal to Iran. Judge Dolly Gee found that PDT’s ban “violates the Establishment Clause, the Immigration and Nationality Act, and his rights to Equal Protection guaranteed by the United States Constitution.”

Yet many people are still in airport detention. After issuing the ban, PDT provided no guidance to airports or airlines about actions, other than confirming that the ban will not be lifted. Canadian Prime Minister has offered to take any refugees holding green cards who are banned in the U.S.

PDT counselor Kellyanne Conway, promoter of PDT’s “alternative facts” on Meet the Press a week ago, hid on the Fox network today and still had a meltdown about the horrible press that prints information about the new president. Describing reporters, she said:

“We turn the other cheek. If you are part of team Trump, you walk around with these gaping, seeping wounds every single day…. I’m here every Sunday morning. I haven’t slept in a month.”

[Turn the other cheek? Gaping wounds? A comparison to Jesus?]

Conway was fortunate in her interview: Chris Wallace failed to point out that the ban most likely violates international treaties, federal statutes, and the U.S. Constitution. Yet she couldn’t even handle that situation.

Arguments from the PDT team are that the ban promotes safety at the cost of a small convenience. But bans on the basis of nationality or religion can be disastrous to national security. It can undermine efforts of security agencies and erode relationships necessary to fight terror.  Iran has already accused Congress of violating its agreement after lawmakers put new sanctions on the country last month. The ban will accelerate hostilities in a fragile relationship: Iran’s Foreign Ministry has called PDT’s order “an insult to the Islamic world, and especially to the great nation of Iran.” According to the statement:

“The decision of the Government of the United States incorporates certain requests that are illegal, illogical, and contrary to international law. The Islamic Republic of Iran will carefully examine and legally pursue any negligence or violation of the international obligations of the United States under bilateral and multilateral agreements and reserves the right to respond as necessary.”

A Bipartisan Policy Center report pointed out that the result can be reciprocal bans against U.S. citizens and commerce, costing the nation billions of dollars and thousands of jobs. The Iraqi parliament is already contemplating a block on visas for people from the U.S. who want to travel to the country.

Ohio GOP Gov. John Kasich called the immigration “ham-handed” because it “sowed so much confusion” among international travelers and “sent a message that somehow the United States was looking sideways at Muslims.” He added, “In probably many Arab capitals today, people are like, ‘What is America doing?’ ”

Showing that public outcry can be effective, Homeland Security Secretary John F. Kelly issued a blanket waiver to immigrants holding green cards or entitled to permanent residence in the U.S., allowing them to enter the country, despite President Trump’s new executive order. But the damage to the nation’s reputation is already done. There’s no going back. World War III, anyone?

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