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BREAKING NEWS: Emergency Stay Granted - Defeat for Trump's Right Wing Agenda

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posted on Feb, 4 2017 @ 12:26 AM
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a reply to: D8Tee




Consensus seems to be the EO is constitutional

Heh. Among whom? The former acting AG had her doubts.



but I'm not a Constitutional lawyer.
Nor are you a federal judge.

edit on 2/4/2017 by Phage because: (no reason given)




posted on Feb, 4 2017 @ 12:39 AM
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a reply to: Phage


Nor are you a federal judge.


Couldn't think of anything better to say?

There's no mention of Islam anywhere in that EO. They are reading this as a Muslim ban because that’s what they want to see, if thats going to be their basis of argument, can't see it going very far.



posted on Feb, 4 2017 @ 12:41 AM
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a reply to: D8Tee



Couldn't think of anything better to say?
I have been accused of tending to the concise rather than verbose.


There's no mention of Islam anywhere in that EO.

Oh, never mind the part about "minority religions" getting special consideration. That's totally constitutional.

edit on 2/4/2017 by Phage because: (no reason given)



posted on Feb, 4 2017 @ 12:52 AM
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a reply to: Phage


Oh, never mind the part about "minority religions" getting special consideration. That's totally constitutional.

Will be interesting to see how this plays out.
How fast will this work it's way thru the courts?
From the EO

(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.


e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship -- and it would not pose a risk to the security or welfare of the United States.



edit on 4-2-2017 by D8Tee because: (no reason given)



posted on Feb, 4 2017 @ 12:55 AM
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a reply to: D8Tee




How fast will this work it's way thru the courts?

Until it reaches the highest court (which has a pretty full docket), it's likely the order will stand.




In an exclusive interview with The Brody File, President Donald Trump says persecuted Christians will be given priority when it comes to applying for refugee status in the United States.

www1.cbn.com...

Totally constitutional. Right?
Or was the president pandering?

edit on 2/4/2017 by Phage because: (no reason given)



posted on Feb, 4 2017 @ 12:58 AM
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a reply to: Phage


Totally constitutional. Right?


As I have stated I am not a Constitutional lawyer, and as you have pointed out, I am not a Federal judge.
They best I can do is point out that OJ was found innocent.

I'm betting the order stands the tests it is given, but thats on the basis of the coin I just flipped. I'm sticking to that.



posted on Feb, 4 2017 @ 12:59 AM
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a reply to: D8Tee

They best I can do is point out that OJ was found innocent.
That was a criminal case, decided by a jury. Not a lot of similarity.



posted on Feb, 4 2017 @ 01:00 AM
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a reply to: Indigo5

Please don't flatter yourself. I do not care about your opinion of my objectivity. I only care that I present my honest opinion along with supporting facts where applicable.

Judge's do not make law. Congress does, and has. This judge did issue a stay, but that stay can itself be overturned by a higher court. In the meantime, the VISAs have been revoked, so the order is still in effect in a defacto sense. No one from any country can enter without a VISA or green card (which were not affected).

The Seattle judge, in attempting to block Trump's Executive Order, has also attempted to block laws passed by Congress, and may be guilty of violating national security. He can be removed on that last ground if Congress so chooses (although that is doubtful).

You should really read my previous conversation with Phage. This is a dangerous gambit.

TheRedneck



posted on Feb, 4 2017 @ 01:11 AM
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a reply to: TheRedneck

Muslims have infidel free zones, why do they discriminate against other religions?
edit on 4-2-2017 by D8Tee because: (no reason given)



posted on Feb, 4 2017 @ 01:14 AM
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a reply to: D8Tee

Do you know that there is a difference between "race" and religion?



posted on Feb, 4 2017 @ 10:24 AM
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originally posted by: TheRedneck
a reply to: Indigo5

Please don't flatter yourself. I do not care about your opinion of my objectivity.


Your issue is not opinion, mine or otherwise...It is objectivity.

Read your post in thread...start to finish. It's not objectivity, it's agenda posing as objectivity. I actually prefer the short snarky posts that lack the façade of objectivity, at least their honest.

The claims that you have made around the power that a President, the Judiciary and congress have ...have been simply false..that is not partisan..that is the ABC's of separation of powers.



Judge's do not make law. Congress does, and has.


Here you again...So where did I say Judges make laws? Where did anyone say judges make laws?

I do remember someone saying that Presidents make laws?
Also that Judges were not able to do anything about immigration laws?
Or that Presidents had sole authority to do as they wished with immigration laws? Or create new ones?
Or that stays applied only to individuals? Could not be blanket?
That the EO was "Normal" etc. etc.




This judge did issue a stay, but that stay can itself be overturned by a higher court. In the meantime, the VISAs have been revoked, so the order is still in effect in a defacto sense. No one from any country can enter without a VISA or green card (which were not affected).

The Seattle judge, in attempting to block Trump's Executive Order, has also attempted to block laws passed by Congress, and may be guilty of violating national security. He can be removed on that last ground if Congress so chooses (although that is doubtful).


There are inaccuracies in the above statement...Not politics, not opinion. ...Objectivity..

Judges protect laws and the constitution.

The idea that you think this judge has "attempted" to "block" a "law" "by congress"???

That is the opposite of reality.

The Judge premised the stay on the opinion that the EO contradicts the United States Constitution and Immigration Act.

The LAW is precisely the reason the EO was blocked.

The Judge is a conservative Bush appointee.....Objectivity...
edit on 4-2-2017 by Indigo5 because: (no reason given)



posted on Feb, 4 2017 @ 10:30 AM
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Example..


originally posted by: TheRedneck
a reply to: Indigo5

In the meantime, the VISAs have been revoked, so the order is still in effect in a defacto sense.


State Department REVERSED the Visas that were cancelled..

Alternative Facts are exhausting..



posted on Feb, 4 2017 @ 10:37 AM
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originally posted by: Xcathdra
a reply to: Indigo5

No the entire EO has not been stayed nor was it stated anywhere in the judges ruling citing it as unconstitutional.

.


You forgot to link to the ruling?

Pages 6 and 7 of the ruling specifically cite the courts responsibility in protecting the Constitution.

www.usatoday.com...



posted on Feb, 4 2017 @ 10:38 AM
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originally posted by: Indigo5
Example..


originally posted by: TheRedneck
a reply to: Indigo5

In the meantime, the VISAs have been revoked, so the order is still in effect in a defacto sense.


State Department REVERSED the Visas that were cancelled..

Alternative Facts are exhausting..


You sure?

Didn't it say it reversed all visas that weren't stamped cancelled?



posted on Feb, 4 2017 @ 10:44 AM
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originally posted by: Annee

originally posted by: Indigo5
Example..


originally posted by: TheRedneck
a reply to: Indigo5

In the meantime, the VISAs have been revoked, so the order is still in effect in a defacto sense.


State Department REVERSED the Visas that were cancelled..

Alternative Facts are exhausting..


You sure?

Didn't it say it reversed all visas that weren't stamped cancelled?



Heard it on the news this AM....Checking...



Also, a State Department official tells CNN the department has reversed the cancellation of visas that were provisionally revoked following the President's executive order last week -- so long as those visas were not stamped or marked as canceled.

The State Department has said fewer than 60,000 visas were revoked since the signing of the order. It was not immediately clear how many from that group will continue to be without their visas because their visas were physically canceled.


www.cnn.com...

Not sure what that means in practice...

It likely means that anyone that cancelled or delayed travel would still have Valid Visa's.

I imagine to have your Visa physically stamped cancelled...that would be by DHS at an entry point the past few days...which would be a small percentage of those effected.

Would have to drill on it, but don't have bandwidth now.



posted on Feb, 4 2017 @ 10:48 AM
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a reply to: Indigo5

Thanks.

I hope all those who had their correct paperwork make it.

What a mess.

edit on 4-2-2017 by Annee because: (no reason given)



posted on Feb, 4 2017 @ 10:57 AM
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originally posted by: Annee
a reply to: Indigo5

Thanks.

I hope all those who had their correct paperwork make it.

What a mess.


Hard to sort out what was incompetence in the EO and what was despotic disposition in circumventing Justice Review and Congressional Input...It was done intentionally in secret and surprised congress, DHS etc.



posted on Feb, 4 2017 @ 11:12 AM
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a reply to: Indigo5

I see you already corrected yourself...

Notice that this ruling is temporary because of the weekend. It will be reviewed next week. Remeber the halt order on the pipeline that got entered on a Friday only to be overturned on Monday? It's a political play to file paperwork on a Friday. It gives an emotional win.



posted on Feb, 4 2017 @ 11:22 AM
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originally posted by: raymundoko
a reply to: Indigo5

I see you already corrected yourself...

Notice that this ruling is temporary because of the weekend. It will be reviewed next week. Remeber the halt order on the pipeline that got entered on a Friday only to be overturned on Monday? It's a political play to file paperwork on a Friday. It gives an emotional win.


That is a strange interpretation.

Yes...All "stays" are temporary until reviewed.
No...It is not limited to the weekend. It is limited until it can be decided in court. If it happens on Monday...great.
The outcome of a hearing is to be determined.
As far as "emotional win"...the state department is already reversing all visas effected that haven't been stamped cancelled.
I understand your opinion...but courts are not political rhetoric..This judge is a conservative and Bush appointee..he is not looking to give "Emotional Wins"...



posted on Feb, 4 2017 @ 11:40 AM
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a reply to: Indigo5

It would be great if every time a temporary block is cleared, another judge takes a stand.

And to be clear, I'm only supporting those that had/have the proper paperwork and were or are rejected.



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