Trump takes aim at courts
Hearing on ban ‘so disgraceful’
PRESIDENT Donald Trump renewed his attack on the courts on Wednesday, describing them as “so political” as a panel of judges weigh his executive order barring refugees and visitors from seven mainly Muslim countries.
The contentious ban has been frozen by the courts and has embroiled Trump in an arm wrestle with the judicial branch, less than three weeks into his presidency.
Speaking to police chiefs and sheriffs, Trump condemned as “disgraceful” a hearing on Tuesday in which three federal appeals judges heard arguments appeared sceptical about the government’s case to reinstate the ban.
“Courts seem to be so political,” he said. Trump’s comments have sparked a firestorm in a country where such personal and vitriolic attacks by a president on another, independent branch of government are rare.
The uproar extended to Trump’s own Supreme Court nominee Neil Gorsuch.
He described Trump’s attack on the Seattle judge who froze the ban as “disheartening” and “demoralising”, spokesman Ron Bonjean said
Trump’s ban was suspended nationwide on Friday, after two US states sought to have it overturned on grounds of religious discrimination and because it had caused “irreparable injury”.
The agency tasked with defending the ban in court amid the legal standoff got its new chief, after the US Senate overrode fierce opposition to confirm Jeff Sessions as attorney general.
In the hearing before the Ninth Circuit Court of Appeals, a Justice Department lawyer argued that the president had clear authority to order the ban on national security grounds.
“This is a traditional national security judgment that is assigned to the political branches and the president,” August Flentje said. Critics of the ban claim it violates the US Constitution by discriminating against people on the basis of their religion.
“Has the government pointed to any evidence connecting these countries with terrorism?” asked Judge Michelle Friedland, who was appointed by Barack Obama. Flentje said the government had not had an opportunity to present such evidence, given the speed at which the case had moved.
The court must decide whether to maintain the lower court’s suspension, modify it or lift it. The ruling by the judges – two were appointed by Democratic presidents and a third by a Republican – is expected before the end of the week. The case is likely to eventually wind up on appeal in the US Supreme Court, which currently is short-handed and evenly divided between liberal and conservative justices. A tie there would leave in place the appeals court decision.
Should Trump’s nominee to fill the vacant seat be confirmed by the Senate, he could break the tie.
Trump vented his frustration in tweets, referring to the ban’s suspension as “the horrible, dangerous and wrong decision”.
Trump then read out the text of a law – interspersed with his commentary – that confers on the president authority to suspend entry to any alien or class of alien deemed detrimental to the interests of the United States.
His decree summarily denied entry to all refugees for 120 days, and travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days. Refugees from Syria were blocked indefinitely.
Top administration officials have argued it is needed to keep out Islamic State and al-Qaeda fighters migrating from Middle East hotspots, insisting time is needed to implement stricter vetting procedures.
“I think our security is at risk today, and it will be at risk until such time as we are entitled and get what we are entitled to as citizens of this country, as chiefs, as sheriffs of this country. We want security,” Trump said. — AFP