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Sunday, January 29, 2017

LIBERTY'S LAST DEFENDER

Liberty's last champion is the motto of the FACDL. With all due respect to our colleagues, under the new Trump administration, it is becoming abundantly clear that the last champion of freedom, liberty, and all that the Constitution stands for is and will continue to be.... (this isn't easy for us)

JUDGES. 

The 45th President of the United States banned the entry of refugees into our country from several other countries on Friday. By Friday evening, there was chaos at airports around the nation and around the world. Families with green cards who have gone through a two year process of being vetted and approved were being detained at airports. Individuals who were doctors, scientists, and who had assisted US forces in Iraq were being denied entry and re-entry into the US. 

Thus is the outcome when amateurs dable in US policy and when orders are issued by a tyrant  based on populist whims. 

In stepped the ACLU who filed an emergency lawsuit heard by US District Judge Ann Donnelly of the Eastern District of NY.  Judge Donnelly blocked the president's executive order once the government attorneys could not refute that those travelers who had US green cards would not suffer irreparable harm. Minutes later, US District Judge Leonie Brinkema of the District Court in Alexandria, Virginia issued a seven day ban on the removal of any green card holders being detained at Dulles International Airport.  

Lest we forget, Article III of the US Constitution states in part:

Section 1: The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

Section 2: The judicial power shall extend to all cases, in law and equity, arising under this Constitution... 

Ladies and Gentlemen, readers of this blog, the only thing standing right now between the power of a tyrant and amateurs surrounding the tyrant, and ordinary and decent people, families, and children from being sent back to war torn countries merely because of where they came from and the deity they choose to worship, are a few dedicated lawyers, and the power of Article III judges. 

It's a precarious position to be in. 

On May 13, 1939, the ship St. Louis sailed from Hamburg, Germany carrying 937 Jews who were being persecuted in Germany merely because of their religion. 

The passengers were denied entry into the United States because petty anti-semites in the State Department had no sympathy for their plight. The State Department's formal response included this phrase: "The passengers must await their turn on the immigration waiting list..."  (sound familiar?)

No nation bothered to help the Jews on the St. Louis, and the passengers were returned to a bloodthirsty Third Reich where most of them died in concentration camps. 

This week, the White House issued its annual statement on Holocaust Remembrance day. Shockingly, unlike any other statement issued by any other administration, the statement did not mention Jews. 
This was NOT an oversight. This is the subtle influence of the Alternate Right, and its pandering to white supremacists. This omission cannot be read any other way. This is not because the President is a racist. He is not. But he was elected by racists, and he damn well knows it. 

How is it possible that 77 years later, with all that we have witnessed to what nation states like Syria and Iran and Iraq can do to minorities in their country, that we can turn our backs on good and decent people who are fleeing an almost certain death? 

All we have left is a Constitution and Article III judges who remain the last power against this bigoted tyrant who plays on the prejudices of dimwitted people who voted for him. 

See You In Court, where sometimes lawyers and judges do damn good things and save lives. 

25 comments:

@RealDonaldTrump Tweeted said...

@TheRealDonaldTrump and @Potus to the government lawyers who courageously argued on behalf of my executive order...YOU'RE FIRED. YOU'RE LOSERS. I LIKE WINNERS.

Anonymous said...

Have you read the Executive Order? Has anyone from CNN or Huffington Post read it? We now rely on these media outlets to tell us what important legal documents say. READ IT YOURSELF. There is no Muslim ban in it anywhere.

Trump's Executive Orders said...

Now, by the authority invested in me as President of the United States, having won such presidency by a wide margin in the electoral college, by having only narrowly lost the popular vote due to voter fraud and east and west coast liberals, and by having the most widely attended inauguration in the history of this country, I DONALD J TRUMP do hereby issue this executive order BANNING from the Internet the Blog Justice Building Blog, associated with the address www.justicebuilding.blogspot.com, based on the danger to national security, rioting, the reporting of fake news, and general muckracking and trouble-making blogging.

Dated this The 29th Day of January, 2017.
By THE PRESIDENT OF THE UNITED STATES (big big win by a big big margin)
DONALD J TRUMP

Anonymous said...

Dear 10:59: look up the difference between de facto and de jure. The executive order may not contain a de jure Muslim ban, but there is no doubt that it is a de facto Muslim ban. Each of the seven countries IT addresses are majority Muslim. Exceptions and preferences will be given to minority religions from those countries. In effect, not Muslims.

Anonymous said...

This is not a Muslim ban. We are temporarily halting immigration from 7 terror prone countries based on intelligence that tells us that ISIS seeks to infiltrate migrant populations. Look at Paris and Brussels.

By the language's own order, migration from those countries should resume once the time period has expired.

Obama did this in 2011 with Iraqi refugees for 6 months. Carter did it too.

But this is Trump so every action he takes will be viewed through a racist lens.

Anonymous said...

It amazes me when Donald Trump holds himself out as the protector of the United States from immigrants when none of his four grandparents were born in the United States, his wife is an immigrant (as well as one of his other wives), and his son-in-law owes his existence to an American immigration system that saved his family from murder by the Nazis. Trump is simply a brazen bully and opportunist who is building his Presidency on hate and fear. He has no respect or understanding of a Constitution written and perfected many years before any of his family was ever set foot in North America.

Anonymous said...

Uh, he said during the campaign that he was going to ban Muslims. The is the effect of the order.

Don't piss down my back and tell me it's raining.

Anonymous said...

Obama never jailed a man who worked for US forces you fucking prick.

Anonymous said...

Not quite. You ought to read the Order. You also ought to read Korematsu and wonder why at the time no one complained about the internment of Asian Americans (US Citizens!) by Executive Order. Oh that's right, it was because FDR, a Democrat, was President.

Now fast forward to eight years of Obama's Rule by Executive Order with the Democrats simply saying "elections have consequences." Complaining when no longer in power, after arrogance while in power, typically falls on deaf ears. I'm not saying I agree with the new Executive Order, but you and the media need to look in the mirror and start accepting some responsibility.

The Order is clear also about religious persecution. If one is fleeing based upon such persecution but is a member of the country's majority religion, their priority level is lower. If one is fleeing based upon such persecution and is a member of a minority religion, their priority level is higher.

I have never encountered so many lawyers unwilling to read the law. It's ridiculous to base your opinions on the media's reporting, particularly in our false news era.

Anonymous said...

On a related note Giménez has proven to be what is called in little and real Havana as a "pendejo". Geez! he was quick and jumpy. If he didn't believe in his prior directives he should not have issued them in the first place, if he was serious than he should've defended them at least a little bit. Hopefully we won't need to be next to him in a foxhole. A recall is probably in order.

Anonymous said...

Why are we bickering and arguing about who jailed innocent engineers and war heros? The good news is that we have a business man as president and all Americans are going to make a lot of money. This is just another smart policy intended to spur the economy. This exactly why we needed Republican control of the government, they know how handle an economy.

Claude Erskine- Browne said...

Not ONE American has been harmed from actions by terrorists from the banned country. But almost 3,000 Americans have been killed by terrorists from the non- banned country's.

Anonymous said...

7:14 - I have no idea what groups of people protested Korematsu, from which parties, for what reasons. What we all know is that it was a terrible mistake, a stain on our nation's character, a negative example from which we all have learned. What we've learned is that, in a time of widespread fear, we retreat from our values. It's a natural human reaction that our government should resist not reward. We retreated from our values after 9-11 because we were fearful and the administration exploited rather than tamped down those fears. What's really unsettling about the present retrenchment is that nothing has happened to support this fresh outbreak of fear. A few isolated contained mass shootings by nutjobs who happened to be muslims who wouldn't have been affected by this new ban (not sure about santa barbara guy's fiancee). Instead, the fear has been seeded and nurtured, then harvested to support assaults on our rights and our values. At times like this, in world history, fat cats get fatter while the middle class is distracted by a boogie man. Instead of attempting to defend Trump's acts individually, you might want to step back and try to see the historical significance of his whole course of conduct.

Anonymous said...

Easy solution. Put Saudi Arabia on the list, too.

Anonymous said...

Sad news in Quebec. Not surprisingly; both suspects are Syrian refugees who entered Canada less than a week ago : bashir al-Taweed and Hassan Matti.

Anonymous said...

As an FYI, Obama bombed 5 of the 7 countries Trump put the ban on. Also, I believe Obama is the only president to be at war for 100% of his presidency.

Anonymous said...

Without name-calling or sarcasm, can anybody rationally and factually explain how this temporary ban is different from the one Obama imposed on Iraqi refugees for 6 months back in 2011?

Anonymous said...

You can only rely on Article III judges to the extent they are not racists themselves. Kudos to Judge Donnelly and Judge Brinkema. But what about judges from the 11th Circuit? How would Judge William H. Pryor Jr. rule?

the trialmaster said...

Is there a place where trial lawyers can volunteer to go into federal court to assist those being held in airport detention?

Anonymous said...

Props to Starbucks for proposing to fire 10,000 US workers and replace them with middle eastern refugees. No wonder stock price dipped.

The difference between the obama ban of 2011 and the trump ban is that Obama's lasted 6 months; trumps is proposed for 90 days

Also interesting to note is all the protesters with gay rights flags. Don't they know Islam hates gays? Why would you support the mass import of a people who hate you?

These are crazy times. At least the govt is all republican now. And we got to see chuck shumer cry like a bitc. last night. That was pretty funny

Anonymous said...

Judge Donnelly and Judge Brinkema were appointed by Obama & Bill Clinton respectively. They took the first possible opportunity to take a shot at Trump's presidential actions. Sickening! The politics of our judiciary are disgusting.

Anonymous said...

Trump has the right to ban immigrants. The problem here is that he is such a disaster that he issued the order before informing even the secretary of homeland security. Needless to say that it is the secretary's job to implement the order. Because Trump has the mind of a child and does not understand that government works through a chain of command and requires thought and preparation he created a cluster fuck which ensnared first an Iraqi who had put his and his families life on the line for the good old USofA and and a chemical engineer of Iranian descent who studied and works in this country and was returning from a gay cruise on the Allure. Trumps orders endangered Google, Apple and a number of other important American companies who contribute greatly to the national economy. Obama, of course, thought things out, planned them appropriately and therefore rolled out the policy without disrupting the fucking economy. How it isn't clear that we have a blundering moron on our hands is a national mystery which will occupy historians for decades. Maybe one day he will not butcher a plan and then we can debate whether its good or bad, right now we will be satisfied if he can put one foot in front of the other without tripping over the rug.

Anonymous said...

6:29 was right until he mentioned Obama, because like all the other simpletons in this country he mistook popularity for effectiveness. Sad for (presumably) a lawyer to so lack in critical thinking.

Trump's implementation of the travel restrictions = incompetent train wreck

Remember Obama's implementation of Obamacare and all the website issues = incompetent train wreck

The fact that hacks in our community can't appreciate these things is frustrating but unsurprising.

Good luck tomorrow with your dwls arraignments tomorrow. You really should just stick to that.

Anonymous said...

https://www.washingtonpost.com/news/fact-checker/wp/2017/01/29/trumps-facile-claim-that-his-refugee-policy-is-similar-to-obama-in-2011/

Anonymous said...

12:00 p.m., the seven country list is Obama's. Trump incorporated it by reference into his executive order.