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Judge Nap re: the Immigration EO:
Posted on: January 31, 2017 at 08:43:42 CT
90Tiger STL
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Summarizing from this morning when he was on a local radio show, as he is weekly:
1. EO was issued to broadly and vague resulting in lack of clarity about Green Card Holders (who have same rights of entry as natural born citizens) and Visa holders (who can't have the rules changed after they are approved. Indicated the EO didn't specifically wrongly apply to them, just didn't clearly exclude them as they have.
Indicated one of the federal judge's stays addressed this and it has since been cleared up and appropriately handled operationally and legally.
2. Make zero bones about this: the EO is legal and fully within the purview of POTUS - he has the authority singly to implement such an immigration ban; with the constitutional restrictions that it must be a) temporary and b) not applied to a 1st amendment protection (based on speech, religion or association). Since the EO was based on nationality, it's perfectly legal - as was Obama's in 2011.
Note: Obama in 2011 let some Iraqis in at his discretion and Trump has the same power and can do so based on any number of factors - security, foreign policy, humanitarian, et. al.
3. Three of the federal judges put stays only in their region of authority, the NY judge's stay was issued nationally, which he considered to be both rare and generally out of character - but all of the reasons for the stays are now "cleaned up".
4. Interesting bit here: Felt it was 100% necessary and appropriate to fire Yates. What "should have" happened is Yates should have told Trump she didn't feel comfortable representing the Executive on the issue (the EO) and asked if he wanted her to step down (she was going to be out Friday regardless) - unprofessional manner for her to handle it.
Also - he speculated that it's entirely possible the Executive branch had no DOJ representation at the 4 Federal hearings with the judges who issued the stays; in each of the 4 the judges did not (which is atypical) list who was representing each side in the case.
***
Schumer's "heart", but agreed with the host that it was more matter of Trump giving a rebuke to Schumer for holding up Sessions approval and leaving Trump without a functioning DOJ.
Nap is not afraid to criticize Trump and he puts his legal assessment and operational knowledge of the workings of the federal govt first over partisan interests.
I always learn from Nap.
1. EO was issued to broadly and vague resulting in lack of clarity about Green Card Holders (who have same rights of entry as natural born citizens) and Visa holders (who can't have the rules changed after they are approved. Indicated the EO didn't specifically wrongly apply to them, just didn't clearly exclude them as they have.
Indicated one of the federal judge's stays addressed this and it has since been cleared up and appropriately handled operationally and legally.
2. Make zero bones about this: the EO is legal and fully within the purview of POTUS - he has the authority singly to implement such an immigration ban; with the constitutional restrictions that it must be a) temporary and b) not applied to a 1st amendment protection (based on speech, religion or association). Since the EO was based on nationality, it's perfectly legal - as was Obama's in 2011.
Note: Obama in 2011 let some Iraqis in at his discretion and Trump has the same power and can do so based on any number of factors - security, foreign policy, humanitarian, et. al.
3. Three of the federal judges put stays only in their region of authority, the NY judge's stay was issued nationally, which he considered to be both rare and generally out of character - but all of the reasons for the stays are now "cleaned up".
4. Interesting bit here: Felt it was 100% necessary and appropriate to fire Yates. What "should have" happened is Yates should have told Trump she didn't feel comfortable representing the Executive on the issue (the EO) and asked if he wanted her to step down (she was going to be out Friday regardless) - unprofessional manner for her to handle it.
Also - he speculated that it's entirely possible the Executive branch had no DOJ representation at the 4 Federal hearings with the judges who issued the stays; in each of the 4 the judges did not (which is atypical) list who was representing each side in the case.
***
Schumer's "heart", but agreed with the host that it was more matter of Trump giving a rebuke to Schumer for holding up Sessions approval and leaving Trump without a functioning DOJ.
Nap is not afraid to criticize Trump and he puts his legal assessment and operational knowledge of the workings of the federal govt first over partisan interests.
I always learn from Nap.
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Judge Nap re: the Immigration EO: - 90Tiger MU - 1/31 08:43:42
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