3-0: Judges Re­ject US Travel Ban

In its rul­ing on Thurs­day, the 9th Cir­cuit said the gov­ern­ment had so far failed to show that any per­son from the seven coun­tries had per­pe­trated a ter­ror­ist at­tack in the United States Pres­i­dent Backs One-China Pol­icy in Call With Xi

The Economic Times - - Around The World - DAN LEVINE & MICA ROSEN­BERG

Pres­i­dent Don­ald Trump suf­fered a le­gal blow on Thurs­day when a fed­eral ap­peals court re­fused to re­in­state his ex­ec­u­tive or­der tem­po­rar­ily ban­ning peo­ple from seven Mus­lim-ma­jor­ity coun­tries from en­ter­ing the United States.

A three-judge panel of the 9th US Cir­cuit Court of Ap­peals unan­i­mously ruled that the Trump ad­min­is­tra­tion fai led to of fer any ev­i­dence that na­tional se­cu­rity con­cerns jus­ti­fied im­me­di­ately restor­ing the ban, which he launched two weeks ago.

Shortly af­ter the court is­sued its 29-page rul­ing, Trump tweeted: “SEE YOU IN COURT, THE SE­CU­RITY OF OUR NA­TION IS AT STAKE!” He told re­porters his ad­min­is­tra­tion ul­ti­mately would win the case and dis­missed the rul­ing as “po­lit­i­cal”.

The 9th Cir­cuit rul­ing, up­hold­ing last Fri­day’s de­ci­sion by US District Judge James Ro­bart to sus­pend the or­der, does not re­solve the law­suit. It re­lates only to whether to lift an emer­gency halt to Trump’s or­der put in place by a lower court.

Trump, a Re­pub­li­can who took of­fice on Jan­u­ary 20, faces long odds in get­ting the ban re­stored while lit­i­ga­tion over his ex­ec­u­tive or­der pro­ceeds. To ul­ti­mately win, the jus­tice de­part­ment will have to present ev­i­dence that peo­ple from those coun­tries rep­re­sent a do­mes­tic threat, le­gal ex­perts said.

In its rul­ing on Thurs­day, the 9th Cir­cuit said the gov­ern­ment had so far failed to show that any per­son from the seven coun­tries had per­pe­trated a ter­ror­ist at­tack in the United States.

The 9 t h Ci rcuit j udges s a id more le­gal ar­gu­ments would be needed to de­cide the ac­tual fate of Trump’s or­der. While the court said it could not de­cide whether the or­der dis­crim­i­nated against a par­tic­u­lar re­li­gion un­til the case had been “fully briefed”, it added that the states had pre­sented ev­i­dence of “numer­ous state­ments” by the pres­i­dent “about his in­tent to im­ple­ment a ‘Mus­lim ban’”.

The ad­min­is­tra­tion ar­gued that the courts do not have ac­cess to the same clas­si­fied in­for­ma­tion about threats to the coun­try that the pres­i­dent does. The judges coun­tered that “courts reg­u­larly re­ceive clas­si­fied in­for­ma­tion un­der seal”.

The three judges said the states had shown that even tem­po­rary re­in­state­ment of the ban would cause harm.

FI­NAL OUT­COME ‘NOT CER­TAIN’

The gov­ern­ment has 14 days to ask the 9th Cir­cuit to have a larger panel of judges re­view the de­ci­sion “en banc”, or ap­peal di­rectly to the US Supreme Court, which will likely de­ter­mine the case’s fi­nal out­come.

TING SHI

Don­aldTrumpreaf­firmedtheUS’s sup­port for the ‘One-China’ pol­icy in his first phone call as pres­i­dent with Chi­nese coun­ter­part Xi Jin­ping, eas­ing a key source of diplo­matic ten­sion be­tween the world’s two largest economies. “The two lead­ers dis­cussed numer­ous top­ics and Pres­i­dent Trump agreed, at the re­quest of Pres­i­dent Xi, to hon­our our ‘OneChina’ pol­icy,” the White House said in a state­ment on Thurs­day. “They also ex­tended in­vi­ta­tions to meet in their re­spec­tive coun­tries. Pres­i­dent Trump and Pres­i­dent Xi look for­ward to fur­ther talks with ve r y s uc c e s s f u l out­comes.”

Xi said i t wa s nec­es­sary for both sides to in­crease co­op­er­a­tion, China Cen­tral Telev i sion s a id . The Chi­nese pres­i­dent said his coun­try was will­ing to boost ties with the US on trade, in­vest­ment, tech­nol­ogy, en­ergy and in­fra­struc­ture. Xi also said the two coun­tries should en­hance com­mu­ni­ca­tion in in­ter­na­tional and re­gional mil­i­tary af­fairs. “Fac­ing an ex­tremely com­pli­cated global sit­u­a­tion and ris­ing chal­lenges, there’s a greater need for con­tin­u­ing to en­hance co­op­er­a­tion be­tween China and the US,” Xi said.

Ten­sions with China rose af­ter Trump tweeted about his pro­to­col-break­ing phone con­ver­sa­tion with Tai­wanese Pres­i­dent Tsai Ing-wen on De­cem­ber 2 and sub­se­quently ques­tioned the One-China pol­icy in in­ter­views.

Xi said it was nec­es­sary for both sides to in­crease co­op­er­a­tion

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