DUKING IT OUT IN COURT Appeals panel grills atty’s on both sides over Trump travel ban
President Trump’s controversial travel ban went before a federal appeals court in San Francisco Tuesday, with attorneys arguing over the injunction blocking implementation of the measure. The solicitor general for Washington state, which last week brought the suit that resulted in the temporary restraining order, argued in the 9th Circuit Court of Appeals that Trump’s executive order banning travel by non-US citizens from seven predominantly Muslim nations was unconstitutional and caused harm to businesses. A Justice Department lawyer said the ban fell under the president’s authority and was essential to protect the country. Two of the jurists hearing the case, William Canby Jr. and Michelle Friedland — who were appointed by Democratic presidents — appeared to question Justice Department lawyer August Flentje more aggressively, prompting him at one point to concede he wasn’t scoring points. “I’m not sure I’m convincing the court, so I want to make one really key point with regard to the injunction, and that is that it’s overbroad,’’ Flentje said, referring to the tem temporary restraining order der issued by a federal judge in Seattle last Friday. Conversely, Judge Richard Clifton, appointed by Republican George W. Bush, peppered Noah Purcell, th the lawyer for Washington state, with questions aabout his request that tthe order be upheld.
All three judges grilled Flentje for evidence that people holding valid visas from any of the seven countries had committed terrorist acts in the US or posed a threat.
“The president determined there was a real risk,” Flentje replied, arguing that the law gave Trump executive authority to issue rulings on the nation’s borders and immigration.
Purcell insisted the ban sowed chaos and confusion and was, in effect, a ban on Muslims.
The court is expected to issue its decision this week.
Meanwhile, Homeland Security Secretary John Kelly told Congress that some federal grants given to “sanctuary cities,” including New York, could be suspended on a case-by-case basis.
Kelly also conceded the rollout of the immigration and travel ban was botched, the first such ad- mission by a Trump official.
“In retrospect, I should have — this is all on me, by the way — I should have delayed it just a bit so that I could talk to members of Congress, particularly to the leadership of committees like this, to prepare them for what was coming,” Kelly told the House Committee on Homeland Security.
While making amends with lawmakers, Kelly vigorously defended Trump’s travel ban, and said cities that don’t cooperate with the feds in turning over some illegal aliens would be punished “case by case.”
Mayor de Blasio has said New York would not change its policy regarding offering undocumented immigrants refuge, despite Trump’s threat to withhold some funding from sanctuary cities.
De Blasio said last month that about $150 million was at stake, most of it for antiterror policing.