As a Russia-related scandal engulfs the White House, with the resignation of national security adviser Michael Flynn, Donald Trump’s disgraceful immigration ban continues to attract condemnation in US courts. The ban, which bars entry to the US to anyone from seven countries with mainly Muslim populations (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for 90 days, and refugees for 120 days (with a total ban on refugees from Syria) was first subjected to a nationwide stay nine days ago, when District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, declared that the ban was unconstitutional, and granted a temporary restraining order against it that applied nationwide. Washington State’s Attorney General Bob Ferguson had successfully argued in court that the ban “violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act,” as the Guardian described it.
Last week, three judges in the Ninth Circuit Court of Appeals in San Francisco upheld Judge Robart’s ruling, having found that the government had “pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States,” and added that, “[r]ather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all,” in the Guardian’s words.
Yesterday, in Virginia, a third blow for the government came when District Judge Leonie Brinkema, in Aziz v. Trump, issued a preliminary injunction against the order based specifically on the issue of religious discrimination. Read the rest of this entry »
24 days into the Trump presidency, the tsunami of disgraceful executive orders that Trump has unleashed has threatened to drown out the lingering injustice of Guantánamo, where President Obama left 41 prisoners — five approved for release, ten facing trials, and 26 others in a legal limbo; reviewable (via Periodic Review Boards), but a limbo nonetheless, regarded as “too dangerous to release” or as candidates for prosecution, but in a system that is so broken that all efforts to prosecute them have been abandoned.
Trump intends to get rid of Obamacare, intends to build a wall between the US and Mexico, has approved the resumption of work on a number of contested pipelines, has approved what may be a colossal program of deportations for undocumented immigrants, has pledged a severe reduction in the number of refugees accepted in the US (including a total ban on refugees from Syria), and has introduced a ban — initially for 90 days — on anyone arriving in the US from seven mainly Muslim countries (Syria again, plus Iraq, Iran, Libya, Somalia, Sudan and Yemen) that is so sweeping that it has provoked widespread protests, has sent shockwaves around the world, and, most crucially, has been blocked by a court in Washington State, a ruling upheld by the 9th Circuit Appeals Court in San Francisco.
In an effort to keep Guantánamo in the public eye, I set up a new page on the Close Guantánamo website (which I established five years ago with the US attorney Tom Wilner) shortly after Donald Trump’s inauguration on January 20. The new page features photos of celebrities and concerned citizens from across the United States and worldwide, telling Donald Trump to close Guantánamo, and not to keep the prison open and “load it up with some bad dudes,” as he promised on the campaign trail, a position that he has continued to support via a number of draft executive orders that are currently circulating around the relevant government departments. Read the rest of this entry »
There was great news yesterday from the Ninth Circuit Court of Appeals in California, as a panel of three judges unanimously upheld the stay on President Trump’s Executive Order barring entry to the US from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) whose populations are predominantly Muslim. The stay was issued five days ago by District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, and he is one of several high-level heroes resisting Trump’s racist contempt for the constitution, previously discussed in my articles, Trump’s Dystopian America: The Unforgivable First Ten Days and Disgraceful: Trump Sacks Acting US Attorney General Sally Yates, Who Refused to Support His Vile Immigration Ban.
As the Guardian reported, the court found that “the government has not shown a stay is necessary to avoid irreparable injury.” In particular, its ruling noted that “the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States. Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all.”
In a press release, the Constitution Project (a Washington-Based non-profit organization whose goal is to build bipartisan consensus on significant constitutional and legal questions) noted that the court rejected the Trump administration’s argument that “the president’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections,” and stated, “There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.” The Constitution Project also noted that the court added that Fifth Amendment protection against “deprivation of life, liberty, or property, without due process of law” applies to everyone within the United States, not just citizens. Read the rest of this entry »
A week after Donald Trump issued his disgraceful executive order banning visitors from seven mainly Muslim countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen), District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, appointed by George W. Bush, “granted a temporary restraining order … after hearing arguments from Washington State and Minnesota that the president’s order had unlawfully discriminated against Muslims and caused unreasonable harm,” as the Guardian described it.
In a second article, the Guardian explained that Judge Robart had “declared the entire travel ban unconstitutional,” noting that, although other states are also suing the government, Washington State’s Attorney General Bob Ferguson had “argued the widest case: that the Trump order violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act.”
Outside the courtroom, Ferguson said, “We are a nation of laws. Not even the president can violate the constitution. No one is above the law, not even the president. This decision shuts down the executive order immediately — shuts it down. That relief is immediate, happens right now. That’s the bottom line.” Read the rest of this entry »
OK, I admit it: I’m thoroughly fed up with the Left in Britain, which largely supported the campaign to leave the EU, and is now facilitating Theresa May’s efforts to destroy our economy by following through on the outcome of the ludicrous referendum last June that saw the Leave campaign win by a small majority.
The referendum was not legally binding; its outcome was advisory, meaning that it should have been taken as the starting point for further discussion, not as an end in itself. In addition, a decision about something as seismically important as leaving the EU shouldn’t have been allowed to be dependent on a simple majority vote. Generally, a referendum on a topic this important would have required a majority to consist of over 50% of all those eligible to vote, or over two-thirds of those who voted, whereas in June’s referendum 27.9% of those eligible to vote (13m people) didn’t bother to vote, and the decision to leave was taken by 37.4% of eligible voters (17.4m people), with 34.7% (16.1m people) voting to stay in the EU.
What has particularly annoyed me today — and the reason I made the poster at the top of this article — is that the Stop the War Coalition today held a protest against Donald Trump’s recently imposed immigration ban and his proposed state visit to the UK — a worthwhile cause, certainly, but one that, noticeably, didn’t involve protesting against Theresa May, even though there is no reason to suppose that she is any less racist and Islamophobic than Donald Trump. Read the rest of this entry »
Heroes abound in opposition to Donald Trump’s America — the lawyers filing habeas corpus petitions in airports, the citizens filling the streets with their voices and their indignation in huge numbers of cities across the land, and a handful of individuals whose objections have directly challenged the worst of his policies in his first turbulent ten days in office.
One is Judge Ann Donnelly, the federal court judge in Brooklyn who, on Saturday morning, issued a stay on the forced deportation of those on flights or in US airports who had been targeted by Trump’s outrageous immigration ban, barring entry to the US for anyone from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for three months, and banning all Syrian refugees permanently (in defiance of the US’s refugee treaty obligations), and also, with utter contempt for their rights, banning re-entry to any permanent US resident from any of these countries who happened to have been abroad when the ban came into effect, as well as anyone with dual nationality (where one nationality includes any of the proscribed countries), including US citizens.
The ban has drawn widespread criticism and has sparked huge protests, and it is clear that it is absolutely unacceptable, as its claimed basis — to protect the US from terrorists — has no basis in reality, as just two US citizens a year from these seven countries are killed by immigrants who could be described as terrorists, compared to 21 a year killed by toddlers with guns, and 11,737 a year shot and killed by other Americans. Read the rest of this entry »
Ten days ago, reality as we knew it seemed to disappear with Donald Trump’s inauguration, and the bleak, insular, threatening speech at its heart, which bore all the hallmarks of the miserable white supremacist world view of his most trusted advisor, Steve Bannon, a man who needs constantly exposing as the genuinely malevolent force behind Trump’s throne.
I was in New York City at the time of the inauguration, staying in a house in Brooklyn. My hosts had gone out to work, and I was alone as the realization that no last minute miracle had spared us from Trump truly sank in. I was chilled, and spent the day in a fog of anxiety, as did tens of millions of other Americans.
The following day, the Women’s March played a hugely important role in establishing the resistance to Trump. Millions of women (and supportive men), inspired by opposition to Trump’s misogyny, marched in Washington, D.C., in New York and in other cities across the US and around the world. I wrote about the inspiring New York event here, and my photos are here. Read the rest of this entry »
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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