The federal government was “arguing that we have to protect the U.S. from individuals from these countries, and there’s no support for that,” said the judge, James Robart of Federal District Court for the Western District of Washington, an appointee of President George W. Bush, in a decision delivered from the bench.
.. Judge Robart temporarily barred the administration from enforcing two parts of Mr. Trump’s order: its 90-day suspension of entry into the United States of people from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — and its limits on accepting refugees, including “any action that prioritizes the refugee claims of certain religious minorities.”
.. The order said that when immigration from the seven countries resumed, persecuted religious minorities would be given preference, and in an interview the day of the signing, Mr. Trump said the United States would give Christians from those countries priority because they had suffered “more so than others.”
.. lawyers for some travelers had described getting one as a Kafkaesque exercise, with the State Department’s website warning that no emergency applications would be heard, and Customs and Border Protection agents at United States airports all but unreachable because their clients were not being allowed to board planes.
.. In the Virginia courtroom, spectators gasped when a lawyer for the government told Judge Brinkema, an appointee of President Bill Clinton, that more than 100,000 visas had been revoked as part of Mr. Trump’s order.
.. the legal arguments in the last few days have centered on the government’s contention that there is “no potential irreparable harm” to justify keeping the extraordinary orders in place pending fuller briefing and arguments.
The Republican Fausts
But if the last 10 days have made anything clear, it’s this: The Republican Fausts are in an untenable position. The deal they’ve struck with the devil comes at too high a price. It really will cost them their soul.
In the first place, the Trump administration is not a Republican administration; it is an ethnic nationalist administration. Trump insulted both parties equally in his Inaugural Address. The Bannonites are utterly crushing the Republican regulars when it comes to actual policy making.
.. Third, it’s becoming increasingly clear that the aroma of bigotry infuses the whole operation, and anybody who aligns too closely will end up sharing in the stench.
The administration could have simply tightened up the refugee review process and capped the refugee intake at 50,000, but instead went out of its way to insult Islam. The administration could have simply tightened up immigration procedures, but Trump went out of his way to pick a fight with all of Mexico.
Other Republicans have gone far out of their way to make sure the war on terrorism is not a war on Islam or on Arabs, but Trump has gone out of his way to ensure the opposite. The racial club is always there.
.. “Precisely because the problem is one of temperament and character, it will not get better. It will get worse, as power intoxicates Trump and those around him.
.. It will probably end in calamity — substantial domestic protest and violence, a breakdown of international economic relationships, the collapse of major alliances, or perhaps one or more new wars (even with China) on top of the ones we already have. It will not be surprising in the slightest if his term ends not in four or in eight years, but sooner, with impeachment or removal under the 25th Amendment.”
.. Already one sees John McCain and Lindsey Graham forming a bit of a Republican opposition. The other honorable senators will have to choose: Collins, Alexander, Portman, Corker, Cotton, Sasse and so on and so on.
.. With most administrations you can agree sometimes and disagree other times. But this one is a danger to the party and the nation in its existential nature.
Trump’s Talk About Muslims Led Acting Attorney General to Defy Ban
As Republicans seethed over President Barack Obama’s executive action on immigration in early 2015, Senator Jeff Sessions sharply questioned Sally Q. Yates about whether she had the independent streak needed to be the Justice Department’s second in command.
.. “If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no?” Mr. Sessions asked during a confirmation hearing for Ms. Yates.
.. President Trump’s own words convinced her that his executive order on immigration was intended to single out Muslims, senior officials said. Hours after she refused to defend that order, Mr. Trump fired her.
.. The Office of Legal Counsel of the Justice Department had reviewed the order and signed off on its legality. But Ms. Yates and her staff lawyers believed that the department had to consider the intent of the order, which she said appeared intended to single out people based on religion.
“We have comments from the president about what this is supposed to do,” Ms Yates said in one meeting on Monday, according to two people involved in the discussions. She later added, “The intent was clear from the face of it.”
.. Mr. Trump had campaigned on a promise to single out Muslims for immigration restrictions. One of his advisers, Rudolph W. Giuliani, the former mayor of New York, said in an interview that Mr. Trump wanted a Muslim ban but needed “the right way to do it legally.” Mr. Trump said in a later interview with the Christian Broadcasting Network that Christian refugees would be given priority for entry visas to the United States.
.. Ms. Yates considered resigning, the officials said, but concluded that doing so would leave the decision to whomever succeeded her, even if in a temporary capacity.
.. Mr. Sessions, an immigration hard-liner, argued that the Justice Department should have refused to support Mr. Obama’s executive action liberalizing immigration policy.
Ms. Yates promised that she would stand up to the president, if necessary.
.. Last year, Ms. Yates and Ms. Lynch earned the ire of Democrats — including many in the department — for not intervening and prohibiting the F.B.I. director, James B. Comey, from sending a letter to Congress in the final days of the presidential campaign.
Trump asked for a ‘Muslim ban,’ Giuliani says — and ordered a commission to do it ‘legally’
Former New York mayor Rudy W. Giuliani said President Trump wanted a “Muslim ban” and requested he assemble a commission to show him “the right way to do it legally.”