1:26 PM 10/22/2017 – Trump Investigations Report

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Trump Investigations Report from mikenova (18 sites)
Trump Investigations Report: 1:00 PM 10/22/2017
Saved Stories – Trump Investigations Report: AP report: Trump plans to help pay aides’ legal costs for Russia probes – PBS NewsHour
The World Wide Times wwtimes.com: 12:29 PM 10/22/2017 All Recent Posts on G+
trump and russia – Google News: Lindsey Graham: The Trump administration has ‘a blind spot on Russia I still can’t figure out’ – Business Insider
The World Wide Times wwtimes.com: 12:12 PM 10/22/2017: On Khazarian Mafia
Trump Investigations from mikenova (8 sites): elections 2016 russian ads on social media – Google News: AP report: Trump plans to help pay aides’ legal costs for Russia probes – PBS NewsHour
Elections 2016 Investigation – Google News: AP report: Trump plans to help pay aides’ legal costs for Russia probes – PBS NewsHour
Palmer Report: House Republican: Donald Trump is messing with the wrong woman
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Palmer Report: House Republican: Donald Trump is messing with the wrong woman
Trump Investigations Report: 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)?
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Trump Investigations Report: 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)?
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Trump personality profile – Google News: TRUMP to lunch with Senate Republicans Tuesday — SPOTTED at MASSERIA: KT McFarland and the Singapore PM … – Politico
Trump – Google News: Trump claims news organizations have ‘lost cred’ – New York Post
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Lawfare – Hard National Security Choices: Travel Ban 3.0: Maryland District Court Orders Preliminary Injunction
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Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): 1. Trump Circles: Elections from mikenova (16 sites): Donald Trump – Google News: Jimmy Carter would like Donald Trump to delegate the North Korea problemto him – Quartz
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Donald Trump – Google News: Jimmy Carter would like Donald Trump to delegate the North Korea problemto him – Quartz
Trump – Google News: A Presidential Bellwether Is Still Waiting to Start Winning Under Trump – New York Times
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): trump under federal investigation – Google News: Trump voting commission criticized for lack of transparency – PBS NewsHour

 

Trump Investigations Report from mikenova (18 sites)
Trump Investigations Report: 1:00 PM 10/22/2017

Trump Investigations Report | Latest Posts Trump Investigations Report from mikenova (17 sites) The World Wide Times wwtimes.com: 12:29 PM 10/22/2017 All Recent Posts on G+ Posts on G+ from mikenova (2 sites) Public RSS-Feed of Mike Nova. Created with the PIXELMECHANICS GPlusRSS-Webtool at http://gplusrss.com: 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)? 11:23 AM 10/22/2017 … Continue reading“1:00 PM 10/22/2017”Trump Investigations Report
Saved Stories – Trump Investigations Report: AP report: Trump plans to help pay aides’ legal costs for Russia probes – PBS NewsHour
 


Newsweek
AP report: Trump plans to help pay aides’ legal costs for Russia probes
PBS NewsHour
WASHINGTON President Donald Trump intends to spend at least $430,000 of his own money to help pay the legal bills of White House staff and campaign aides related to the investigations into Russian election meddling in the 2016 election, a White …
Russia Update: Trump Campaign Official Under InvestigationNewsweek
Senate panel postpones hearing with Trump lawyer Cohen in Russia probeReuters
Does the House Intel Committee Have Enough Staff to Investigate the Trump-Russia Scandal?Mother Jones
USA TODAY –Washington Post
all 116 news articles »

Saved Stories – Trump Investigations Report

The World Wide Times wwtimes.com: 12:29 PM 10/22/2017 All Recent Posts on G+

Posts on G+ from mikenova (2 sites) Public RSS-Feed of Mike Nova. Created with the PIXELMECHANICS ‘GPlusRSS-Webtool’ at http://gplusrss.com: 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)? 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)? What is the “Khazarian Mafia (KM)”? “Khazarian Mafia (KM) against America and many Middle East …” – Khazarian … Continue reading“12:29 PM 10/22/2017 – All Recent Posts on G+ “The World Wide Times wwtimes.com
trump and russia – Google News: Lindsey Graham: The Trump administration has ‘a blind spot on Russia I still can’t figure out’ – Business Insider
 


Business Insider
Lindsey Graham: The Trump administration has ‘a blind spot on Russia I still can’t figure out’
Business Insider
Republican Sen. Lindsey Graham said on Sunday that he thinks President Donald Trump’s administration “has a blind spot onRussia” that he “still can’t figure out.” The administration still has not implemented the Russia sanctions that Trump signed into and more »

trump and russia – Google News

The World Wide Times wwtimes.com: 12:12 PM 10/22/2017: On Khazarian Mafia

11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)?  Trump Investigations Report Sunday October 22nd, 2017 at 12:10 PM Trump Investigations Report 1 Share What is the Khazarian Mafia (KM)? Khazarian Mafia (KM) against America and many Middle East  Khazarian Mafia has Gone Mad, Follows the French Revolutions Reign of Terror Kashmir Watch Khazarian Mafia … Continue reading“12:12 PM 10/22/2017: On “Khazarian Mafia”…”The World Wide Times wwtimes.com
Trump Investigations from mikenova (8 sites): elections 2016 russian ads on social media – Google News: AP report: Trump plans to help pay aides’ legal costs for Russia probes – PBS NewsHour
 

AP report: Trump plans to help pay aides’ legal costs for Russia probes
PBS NewsHour
Facebook has said ads that ran on the company’s social media platform and have been linked to a Russian internet agency were seen by an estimated 10 million people before and after the 2016 election. Norman Eisen, an ethics lawyer in the Obama …and more »

 elections 2016 russian ads on social media – Google News

Trump Investigations from mikenova (8 sites)

Elections 2016 Investigation – Google News: AP report: Trump plans to help pay aides’ legal costs for Russia probes – PBS NewsHour
 


Newsweek
AP report: Trump plans to help pay aides’ legal costs for Russia probes
PBS NewsHour
WASHINGTON President Donald Trump intends to spend at least $430,000 of his own money to help pay the legal bills of White House staff and campaign aides related to the investigations into Russian election meddling in the 2016 election, a White …
Russia Update: Trump Campaign Official Under InvestigationNewsweek
Senate panel postpones hearing with Trump lawyer Cohen in Russia probeReuters
Does the House Intel Committee Have Enough Staff to Investigate the Trump-Russia Scandal?Mother Jones
USA TODAY –Washington Post
all 116 news articles »

Elections 2016 Investigation – Google News

Palmer Report: House Republican: Donald Trump is messing with the wrong woman

Now that Donald Trump’s racist attacks on the San Juan Mayor Carmen Yulín Cruz have run out of steam, he’s moved on to racist attacks on Florida State Congresswoman Frederica Wilson. Trump is attempting to fire up his racist base, while trying to distract the mainstream from his incompetent handling of the families of fallen U.S. soldiers and his Niger scandal coverup. But one prominent House Republican says Trump has picked the wrong fight.U.S. Congresswoman Ileana Ros-Lehtinen has never been a big fan of Donald Trump, despite being a Republican. But in this instance she’s making a point of calling him out for having spent so much time playing golf instead of calling the families of the U.S. soldiers who were killed in Niger. She’s also flatly stating that “Trump is messing with the wrong woman” when it comes to his feud with Frederica Wilson.

Trump sent John Kelly to the White House podium to invent a phony scandal about Congresswoman Wilson. Then he sent Sarah Huckabee Sanders to the podium to make fun of Wilson’s hat, a reminder that Trump’s White House is the trashiest pile of trash in the history of trash. He’s also spewed his own toxic garbage about Wilson, first tweeting “The Fake News is going crazy with wacky Congresswoman Wilson(D), who was SECRETLY on a very personal call, and gave a total lie on content” (this was a flat out lie), and then tweeting “I hope the Fake News Media keeps talking about Wacky Congresswoman Wilson in that she, as a representative, is killing the Democrat Party!”

But Ros-Lehtinen is siding with Frederica Wilson, saying “I wouldnt bet against her” (link). Wilson is so popular in her local district, she ran for reelection unopposed in the 2016 general election. In comparison, Trump is struggling to keep his national approval rating above the essentially disqualifying thirty percent mark.

The post House Republican: Donald Trump is “messing with the wrong woman” appeared first on Palmer Report.

Palmer Report

Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Palmer Report: House Republican: Donald Trump is messing with the wrong woman

Now that Donald Trump’s racist attacks on the San Juan Mayor Carmen Yulín Cruz have run out of steam, he’s moved on to racist attacks on Florida State Congresswoman Frederica Wilson. Trump is attempting to fire up his racist base, while trying to distract the mainstream from his incompetent handling of the families of fallen U.S. soldiers and his Niger scandal coverup. But one prominent House Republican says Trump has picked the wrong fight.U.S. Congresswoman Ileana Ros-Lehtinen has never been a big fan of Donald Trump, despite being a Republican. But in this instance she’s making a point of calling him out for having spent so much time playing golf instead of calling the families of the U.S. soldiers who were killed in Niger. She’s also flatly stating that “Trump is messing with the wrong woman” when it comes to his feud with Frederica Wilson.

Trump sent John Kelly to the White House podium to invent a phony scandal about Congresswoman Wilson. Then he sent Sarah Huckabee Sanders to the podium to make fun of Wilson’s hat, a reminder that Trump’s White House is the trashiest pile of trash in the history of trash. He’s also spewed his own toxic garbage about Wilson, first tweeting “The Fake News is going crazy with wacky Congresswoman Wilson(D), who was SECRETLY on a very personal call, and gave a total lie on content” (this was a flat out lie), and then tweeting “I hope the Fake News Media keeps talking about Wacky Congresswoman Wilson in that she, as a representative, is killing the Democrat Party!”

But Ros-Lehtinen is siding with Frederica Wilson, saying “I wouldnt bet against her” (link). Wilson is so popular in her local district, she ran for reelection unopposed in the 2016 general election. In comparison, Trump is struggling to keep his national approval rating above the essentially disqualifying thirty percent mark.

The post House Republican: Donald Trump is “messing with the wrong woman” appeared first on Palmer Report.

 Palmer Report

 1. Trump from mikenova (196 sites)

Trump Investigations from mikenova (8 sites)

Trump Investigations Report: 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)?

What is the “Khazarian Mafia (KM)”? “Khazarian Mafia (KM) against America and many Middle East …” – Khazarian Mafia has Gone Mad, Follows the French Revolution’s Reign of Terror Kashmir Watch Khazarian Mafia has Gone Mad, Follows the French Revolution’s Reign of Terror Kashmir Watch Kashmir Watch Khazarian Mafia has Gone Mad, Follows the French Revolution’s … Continue reading“11:23 AM 10/22/2017 – What is the “Khazarian Mafia (KM)”? “Trump Investigations Report
Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Trump Investigations Report: 11:23 AM 10/22/2017 What is the Khazarian Mafia (KM)?

What is the “Khazarian Mafia (KM)”? “Khazarian Mafia (KM) against America and many Middle East …” – Khazarian Mafia has Gone Mad, Follows the French Revolution’s Reign of Terror Kashmir Watch Khazarian Mafia has Gone Mad, Follows the French Revolution’s Reign of Terror Kashmir Watch Kashmir Watch Khazarian Mafia has Gone Mad, Follows the French Revolution’s … Continue reading“11:23 AM 10/22/2017 – What is the “Khazarian Mafia (KM)”? “ Trump Investigations Report

 1. Trump from mikenova (196 sites)

Trump Investigations from mikenova (8 sites)

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TRUMP to lunch with Senate Republicans Tuesday — SPOTTED at MASSERIA: KT McFarland and the Singapore PM …
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TRUMP to lunch with Senate Republicans Tuesday — SPOTTED at MASSERIA: K.T. McFarland and the Singapore PM — FROM VEGAS: DNC ‘reeling financially’ — BRITTANY BRAMELL to CIA — JEFFREY ROSEN married. By JAKE …. WAPO’s ASHLEY PARKER and PHIL RUCKER and more »

 Trump personality profile – Google News

 1. Trump from mikenova (196 sites)

Trump Investigations from mikenova (8 sites)

Trump – Google News: Trump claims news organizations have ‘lost cred’ – New York Post
 


New York Post
Trump claims news organizations have ‘lost cred’
New York Post
President Trump said the media has lost cred and cited a survey from last week that shows nearly half of Americans believe news outlets make up stories about him. It is finally sinking through. 46% OF PEOPLE BELIEVE MAJOR NATIONAL NEWS … 

Trump – Google News

Trump Investigations from mikenova (8 sites): 1. Trump from mikenova (196 sites): Lawfare – Hard National Security Choices: Travel Ban 3.0: Maryland District Court Orders Preliminary Injunction

On Oct. 17, 2017, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland issued an opinion and an order enjoining the implementation of President Trumps latest travel ban. This round of litigation concerns Presidential Proclamation 9645, issued on Sept. 24, 2017, entitled Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats. The proclamation is the third iteration of an executive order that President Trump first issued in January 2017, more commonly known as the travel ban.In the instant case, Intl Refugee Assistance Project v. Trump (IRAP) plaintiffs seek injunctive and declaratory relief; plaintiffs moved for a preliminary injunction on Oct. 6, 2017. IRAP, previously before the Supreme Court, was vacated and remanded for dismissal after the temporary entry ban in the second immigration executive order expired and was replaced with the third proclamation (EO-3 or the Proclamation). Judge Chuang indicated that all questions of law would be decided anew because the Supreme Court vacated the case without reaching the merits.

 

Justiciability

Standing

The court first takes up the governments arguments that the plaintiffs fail to satisfy Article IIIs standing requirements. As the court explains, this means at least one plaintiff must allege (1) a concrete and particularized injury that is actual or imminent, (2) fairly traceable to the challenged conduct, (3) and likely to be redressed by a favorable judicial decision. Judge Chuang found all three to be satisfied for both the individual plaintiffs and the organizational plaintiffs.

In addition to the above-mentioned constitutional standing requirements, statutory standing requires that a plaintiffs interest fall within the zone of interests protected by the law invoked. The Immigration and Nationality Act (INA) is the law invoked here.

  • Individuals: With respect to injury, the court concluded that [t]he Proclamations indefinite ban on the issuance of immigrant and nonimmigrant visas for nationals of the Designated Countries has imposed an actual, imminent injury on these Plaintiffs by prolonging their separation from their family members. According to the court, even the threat of such an injury that is real and immediate–which the court concluded is the case here–constitutes a sufficient injury. The court also pointed out that the D.C. Circuit had found standing where, like here, a plaintiff alleged a violation of 8 U.S.C. § 1152 in the form of failure to process a visa application. The court then quickly concluded that the injuries were traceable to the Proclamation and likely to be redressed by an injunction.
  • Organizations: Citing the Supreme Courts opinion in Havens Realty Corp. v. Coleman and the Fourth Circuits opinion in Lane v. Holder, Judge Chuang concluded that the organizational plaintiffs alleged a sufficient injury to their proprietary and organizational interests. For example, the court found an injury-in-fact in claims that the Proclamation would disrupt upcoming conferences and events . . . by preventing individuals from the Designated Countries from attending. Thus, the Proclamation would disrupt[] their ability to raise money, train staff, and convene programs designed to foster the free flow of ideas on topics of significance to their organizations purpose. Moreover, the court found the plaintiffs to be within the requisite zone of interest protected by the [Immigration and Nationality Act]. According to the court, organizations which engage in collaboration and exchange with foreign nationals who visit the United States or focus[] on refugee resettlement have an interest in the effective operation of the INA. The court then quickly concluded that the injuries were traceable to the Proclamation and likely to be redressed by an injunction. It also found that two of the organizational plaintiffs could assert standing on behalf of their members; each had identified a specific individual who would suffer harm which was germane to the organizations purposes as a result of the Proclamation.

Establishment Clause

  • Individuals: As the court explains, a cognizable establishment clause injury requires a plaintiff to have personal contact with the alleged establishment of religion resulting in a personal injury. Relevant injuries include noneconomic, intangible harm to spiritual beliefs, such as [f]eelings of marginalization and exclusion. The court then recounts a litany of allegations that the Proclamation caused plaintiffs to feel insulted, demeaned, depressed or insecure. One plaintiff explained feeling attacked, targeted, and disparaged by the Proclamations hostility to Muslims and . . . [felt] fear for their safety as a result. The court concluded that [t]hese feelings of marginalization constitute an injury in fact in an establishment clause case. The court then quickly concluded that the injuries were traceable to the Proclamation and likely to be redressed by an injunction by removing the stigma associated with the Proclamation.
  • Organizations: The court found that two of the organizational plaintiffs had standing to assert claims on behalf of their members who had personal contact with and suffered direct injury from the alleged establishment of religion and had suffered a concrete injury as a result of the proclamation.

Ripeness

The court rejected the governments arguments that the Plaintiffs claims are not ripe because their relatives have not yet been denied both a visa and a waiver. Although the court acknowledged that a claim is generally not ripe if it is based on contingent future events, here it found that visa ineligibility alone was sufficient because the waiver process itself presents an additional hurdle not faced by other visa applicants which would delay reunification. Additionally, the court observed that the Proclamation has already been issued in its final form, and is not dependent on facts that may derive from application of the waiver process.

Consular Nonreviewability

The court rejected the governments claim that any judicial review of the Presidents decision to exclude an alien for any reason is unreviewable. Though Judge Chuang does not rely on the opinion, the Fourth Circuit rejected this argument in the earlier round of litigation which upheld an injunction Judge Chuang had issued in the previous IRAP litigation (which Jordan and Amira discussed here). The court, citing a number of other opinions, seemed to find this inapposite here:

Plaintiffs . . . challenge not individual visa decisions by consular officers, but the overarching travel ban policy imposed by the Proclamation. . . . The Defendants reliance on Knauff and Saavedra Bruno is thus misplaced. These decisions relate only to aliens appealing individual denials of entry into the United States. . . . Where Plaintiffs include U.S. citizens asserting statutory and constitutional claims challenging a broader policy as opposed to individual consular determinations, the doctrine of consular nonreviewability is not applicable.

This echos the Fourth Circuit’s conclusion that the doctrine of consular nonreviewability does not bar judicial review of constitutional claims. Indeed, Judge Chuang here cites to the Fourth Circuits vacated opinion, presumably for its persuasive power (which Judge Chuang indicated the parties consented to in footnote 1 of the opinion).

APA

The court rejected a number of Administrative Procedure Act-related (APA) justiciability claims. Holding that the defendants fulfilled the statutory standing requirements imposed by the APA, the court turned to the governments Franklin v. Massachusetts argument. In that case, the Supreme Court held that the presidents actions are not reviewable under the APA. Thus, according to the government, judicial review is not available because the Proclamation was issued by the President, not the head of a federal department or agency, and thus is not a final agency action within the meaning of the APA. Judge Chuang disagreed: To the extent that the Plaintiffs seek an injunction against the President himself, this argument has merit. . . . However, Plaintiffs have named as defendants federal agency officials who will implement the Proclamation. Judge Chuang also cited Chamber of Commerce v. Reichwhere the D.C. Circuit concluded that [r]eview of the legality of a Presidential action can ordinarily be obtained in a suit seeking to enjoin the officers who attempt to enforce the Presidents directive. The court also rejected the governments argument that, per 5 U.S.C. § 702(a)(2), Congress committed the use of  § 1152(f) to the sole discretion of the President, such that a reviewing court has no manageable standard by which to evaluate it. Rather, courts have regularly reviewed Presidential action, including action taken in the context of foreign policy and immigration, to ensure that it fits within the bounds of federal statutes.

 

Legal Standard for Preliminary Injunction

Upon finding that the case is justiciable, the court considers in turn whether each of the requirements for a preliminary injunction is met: likelihood of success on the merits; likelihood of irreparable harm in the absence of preliminary relief; whether the balance of equities tips in favor of the plaintiffs; and whether an injunction is in the public interest.

Statutory Claims Likelihood of Success on the Merits

Judge Chuang begins with the plaintiffs three statutory claims under the INA.

Discrimination Based on Nationality Claim

First, plaintiffs argue that EO-3 violates § 1152(a) of the INA, which prohibits discrimination based on nationality in the issuance of immigrant visas. In response, the government contends that the presidents power to issue proclamations–such as EO-3–under § 1182(f) of the Act is not subject to § 1152(a)s limitations. Judge Chuang is persuaded of the plaintiffs position after applying traditional canons of statutory construction. The court notes that § 1152(a) was more recently enacted than § 1182(f), that § 1152(a) is more specific than § 1182(f), and that § 1152(a) specifically excludes certain sections of the INA from its scope, of which § 1182(f) is not one. Finding § 1182(f) subject to § 1152(a)s restrictions, Judge Chuang points out that this conclusion is consistent with the Ninth Circuits opinion in Hawaii v. Trump (related to EO-2).

The court also rejects the governments assertion that even if the presidents authority under § 1182(f) is not excluded from § 1152(a)s scope, in practice, there is no conflict between the two because § 1182(f) empowers the president to bar entry of certain aliens while § 1152(a) specifically prohibits discrimination only in the issuance of immigrant visas. For Judge Chuang, this is one tick too clever (the governments claim here is not helped by the fact that the State Department publicly describes EO-3 as the Presidential Proclamation on Visas.). The court notes that obtaining a visa and seeking entry are activities that usually go hand-in-hand, and that a visa is meaningless without later receiving permission to enter. The court refuses to adopt such a construction that would allow the president to flout § 1152(a) so easily by first issuing visas to nationals of certain countries then denying those same nationals entry. Nor does EO-3s permanent, nationality-based bar to entry fall into a discrete set of historical examples; it does not resemble the Iranian hostage crisis and the disruption of migration relations between the U.S. and Cuba in 1986, where entry, but not visas, was denied on the basis of nationality until the crises had passed. The court concludes that in substance and design, EO-3 is a permanent ban on the issuance of immigrant visas to nationals of the designated countries and therefore violates § 1152(a). But because § 1152(a) only covers immigrant visas, the court must consider the plaintiffs remaining statutory claims to determine their likelihood of success on the merits with respect to EO-3-covered nonimmigrants seeking entry into the United States.

Inadequate Finding of Detriment Claim

Next, the plaintiffs assert that the president has not triggered his authority to act because he has failed to make the threshold finding that the entry of EO-3-designated aliens would be detrimental to the interests of the United States, as required by § 1182(f). The plaintiffs argue that the nationality-based restrictions are unnecessary, an argument supported by dozens of former national security officials, that EO-3 is both over- and underinclusive, and that the information-sharing failures of designated-country governments is irrelevant in a system that relies on applicants, not their governments, to furnish the information necessary for an immigrant or nonimmigrant visa. Judge Chuang recognizes these criticisms but finds no requirement that § 1182(f) entry restrictions be narrowly tailored. Furthermore, the court reads the detrimental to interests language as creating quite a broad standard, even more so than that invoking national security. The court concludes that the plaintiffs have failed to show their likelihood of success on the merits for this claim.

Insufficient Statutory Authority Claim

Finally, the plaintiffs assert that the president exceeded his authority pursuant to § 1182(f) by issuing a ban that overrides Congresss policy choices enshrined in the INA, specifically related to visa issuance criteria and the Visa Waiver Program. They argue that,in order for nationals of designated countries under EO-3 to obtain a visa, they must seek a waiver by demonstrating that visa denial would cause undue hardship, that entry would not pose a threat, and would be in the national interest. These additional criteria go above and beyond those that Congress prescribed in its statutory scheme, which requires applicants to show that they do not fall into an ineligible category such as those with links to terrorism. As for the Visa Waiver Program, Congress has already made policy choices regarding nations covered by EO-3, rendering dual citizens of Iran and Syria ineligible for the program, and considered the factors used by EO-3 to come up with its list of banned countries. For example, country-use of machine-readable passport[s] containing biographic and biometric data. Therefore, EO-3 conflicts with Congresss policy judgments on the same issues.

The court begins by dispensing with the governments claim that presidential action taken pursuant to § 1182(f) is committed to his discretion and not subject to judicial review. This argument fails as the Supreme Court reached the merits of a challenge to the presidents use of § 1182(f) in a previous case, Sale v. Haitian Ctrs. Council. Turning to the claims, Judge Chuang notes that the plaintiffs theory is unpersuasive for two reasons. First, § 1182(f) specifically authorizes the president to impose on the entry of aliens any restrictions he may deem to be appropriate, allowing precisely the kinds of additional criteria presented in EO-3. Second, while EO-3 and the Visa Waiver Program address similar problems they are not directed at the same countries or classes of aliens. Thus EO-3 did not legislate[] changes to the INA in contravention of Congressional intent.

Lastly, the plaintiffs allege that the sheer magnitude of EO-3, banning upwards of 150 million nationals from entry, must exceed Congresss intended delegation of power to the president. The court recognizes that EO-3 does not comport with historical examples in which the president used § 1182(f) to ban entry based on nationality (responding to the Iranian hostage crisis and  the Cuban governments decision to cancel a migration agreement in 1986). And if ever there were a § 1182(f) order, past or present, that exceeds the authority of that statute, it would be this one. But the court could find no clear limit on the presidents § 1182(f) authority other than § 1152(a). The president has sweeping proclamation power that Judge Chuang believes must have some upper limit, but whatever that limit is, it that has not been crossed here with respect to nonimmigrant visas.

Finding that the plaintiffs have failed to show their likelihood of success with respect to EO-3 covered nonimmigrants seeking entry on purely statutory grounds, the court determines that it must consider the plaintiffs constitutional claims.

Constitutional Claims Likelihood of Success on the Merits

Because the statutory claims could not completely support the plaintiffs requested relief, Judge Chuang moved on to the Constitutional analysis. The court first evaluated EO-3 under the standard set forth for evaluating visa denial motives in Kleindienst v. Mandel. Under Mandel, courts review a claim that a visa denial violated constitutional rights first only to determine whether there was a facially legitimate and bona fide reason for the denial. If there is, the denial is lawful. But, if the stated reason is not valid or if there is a particularized showing of bad faith, the court will look behind the stated reason to determine if the true purpose is constitutional.

As employed here, the analysis was largely an extension of the same one the court performed in March when reviewing President Trumps revised travel ban. There, Judge Chuang said that the governments rationale provided was not bona fide and was instead likely a bad-faith pretext for the presidents true motivation of anti-Muslim bias. The court concluded this by relying on several public statements the president had made about Muslims, including his initial call for a ban on Muslims entering the country. Judge Chuang reasoned that bad faith could still plausibly be found since EO-3 comes out of this history of bad faith.

Given that the stated motivation appeared to not be bona fide, the court looked to determine if the purpose violated the establishment clause. To judge a facially neutral statute against an establishment clause challenge, Judge Chuang used the test set out in Lemon v. Kurtzman:an act will only withstand the challenge if (1) it has a primarily secular purpose, (2) its principal or primary effect must be one that neither advances nor inhibits religion, and (3) it must not foster an excessive government entanglement with religion.  Here, Judge Chuang again leaned on his analysis of the second executive order. In March, Judge Chuang ruled that the first and second executive orders would likely fail the first prong of the Lemon test because of President Trumps many public statements suggesting anti-Muslim motivations. Because Judge Chuang viewed EO-3 in [the] shadow of EO-1 and EO-2, the government had not only to persuasively present a primary nonreligious effect, but also to disassociate the [government action] from its previous religious effect.

The primary indicators the government could use to suggest EO-3 had a secular purpose was its inclusion of North Korea and Venezuela and the review process undertaken by DHS to produce the new policy. Judge Chuang was not moved, writing that the Venezuela and North Korea restrictions had little practical consequence, because the Venezuela restrictions only affect government officials and the North Korea restrictions affect fewer than 100 people.  The DHS review was also insufficient, as Judge Chuang suspected the administration did not perform its review in earnest. He pointed to statements from the president predicting the review would result in a very, very strict ban, suggesting the review had a preordained result. Judge Chuang saw a similar indication from the fact that the second executive order that initiated the review instructed the Secretary of Homeland Security to submit to the President a list of countries recommended for inclusion in a Presidential proclamation that would prohibit the entry of appropriate categories of foreign nationals. This wording did not allow the Secretary of Homeland Security to recommend that no-nationality based ban was necessary at all.

On top of the insufficiency of these textual indicators, Judge Chuang noted that the Presidents public statements undercut his legal teams argument, just as they did in March. Judge Chuang pointed out that not only had the president not repudiated his previous anti-Muslim statements, he had made other new statements since the second executive order that suggest he maintains the same motivations as ever for his travel ban. For example, in August, President Trump tweeted a statement that a method hostile to Islamshooting Muslims with bullets dipped in pigs bloodshould be used to deter future terrorism. At a campaign rally after the second Executive Order was enjoined, the president called it a watered down version of the first one that had been tailor[ed] by lawyers to respond to legal challenges. In light of the process that produced EO-3 and the Presidents public statements around it, Judge Chuang could not find that a reasonable observer would understand that the primary purpose of the Proclamations travel ban is no longer the desire to impose a Muslim ban.

Analysis of Other Factors for an Injunction

The court next turned to whether or not the plaintiffs would suffer irreparable harm from EO-3 should it go into effect. The Supreme Court held in Elrod v. Burns that loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. The Fourth Circuit had not extended that to establishment clause claims, but several other districts had. Judge Chuang was persuaded enough by this argument to find that the plaintiffs were likely to suffer irreparable harm. The court also found a likelihood of irreparable harm for the plaintiffs with family members seeking immigrant visas, because [t]he absence of a family member cannot be cured through a later payment of money damages, and is therefore irreparable.

In balancing the equities, Judge Chuang compared the harm of separation from ones family to the national security harms created by not enforcing EO-3. These tipped in the plaintiffs favor, particularly because [a]n injunction would not grant entry to any individual foreign national, but would only preclude the use of a blanket ban. Even with an injunction, visa applicants from the Designated Countries would be screened through the standard, individualized vetting process under which the burden is on individual applicants to prove that they are not inadmissible to the United States. The court did note however that the balance would tip in the governments favor in the case of individuals who lacked a connection with people or entities in the United States so this factor would only support an injunction extending to people with such connections.

Judge Chuang also found that the public interest would be served by preventing an establishment clause violation and by guarding Congress wishes in the implementation of the INA. While the public also has a national security interest, Judge Chuang was not persuaded that it would be harmed sufficiently to outweigh these concerns.

Because an establishment clause violation has effects beyond the parties in the case, and because the organizational plaintiffs in the case operate across the country, Judge Chuang issued a nationwide injunction. However, because the balance of the equities on the restrictions on travel from Venezuela and North Korea favored the government, the injunction does not apply to nationals from those countries.

For more information on the travel ban litigation, and a direct look at the litigation documents, take a look at Lawfares roundup here.

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