DOJ seeks clar­i­fi­ca­tion from judge

The Denver Post - - NEWS -

honolulu» The gov­ern­ment is ask­ing a fed­eral judge to clar­ify his or­der block­ing Pres­i­dent Don­ald Trump’s re­vised travel ban, ar­gu­ing it shouldn’t ap­ply to a global freeze on refugees en­ter­ing the United States.

A Jus­tice De­part­ment mo­tion filed Fri­day asks U.S. District Judge Der­rick Wat­son to clar­ify that the tem­po­rary re­strain­ing or­der only ap­plies to the pres­i­dent’s tem­po­rary ban on travel from six mostly Mus­lim coun­tries.

Wat­son is­sued a 43-page rul­ing on Wednes­day after Hawaii re­quested he block en­force­ment of Trump’s ex­ec­u­tive or­der, which the gov­ern­ment calls a na­tional se­cu­rity mea­sure and crit­ics call an un­con­sti­tu­tional and big­oted at­tempt to bar Mus­lims from en­ter­ing the coun­try.

Wat­son’s rul­ing con­cluded there was “sig­nif­i­cant and un­re­but­ted ev­i­dence of re­li­gious an­i­mus” be­hind the travel ban, in­clud­ing the pres­i­dent’s own cam­paign com­ments re­gard­ing Mus­lims.

He said Hawaii would suf­fer fi­nan­cially if the ex­ec­u­tive or­der con­stricted the flow of stu­dents and tourists to the state.

In seek­ing clar­i­fi­ca­tion, the Jus­tice De­part­ment ar­gued that the law­suit “failed to mean­ing­fully chal­lenge” an­other sec­tion of Trump’s or­der that bars refugees from trav­el­ing to the United States for 120 days and caps the num­ber that will be al­lowed into the U.S. this fis­cal year at 50,000 — a drop of nearly half.

The cap “draws no dis­tinc­tion what­so­ever on the ba­sis of re­li­gion,” gov­ern­ment lawyers ar­gued in a fil­ing.

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