Thursday, February 9, 2017
Trump’s attacks on courts over travel ban dismay his own SC pick
WASHINGTON -- President Donald Trump renewed his attack on the courts Wednesday, describing them as "so political" as a panel of judges weigh his executive order barring refugees and visitors from seven mainly Muslim countries.
The contentious ban has been frozen by the courts and has embroiled Trump in an arm wrestle with the judicial branch, less than three weeks into his presidency.
Speaking to police chiefs and sheriffs, Trump condemned as "disgraceful" a hearing Tuesday in which three federal appeals judges heard arguments appeared skeptical about the government's case to reinstate the ban.
"Courts seem to be so political," he said.
Trump's comments have sparked a firestorm in a country where such personal and vitriolic attacks by a president on another, independent branch of government are rare.
The uproar extended to Trump's own Supreme Court nominee Neil Gorsuch.
He described Trump's attack on the Seattle judge who froze the ban as "disheartening" and "demoralizing," according to spokesman Ron Bonjean.
Trump's ban was suspended nationwide on Friday, after two US states sought to have it overturned on grounds of religious discrimination and because it had caused "irreparable injury."
New attorney general
The agency tasked with defending the ban in court amid the legal standoff got its new chief, after the US Senate overrode fierce opposition to confirm Jeff Sessions as attorney general.
His nomination process saw fierce debate about his civil rights record and Democratic concern over whether he serves as the top US law enforcement officer independent from President Donald Trump.
In the hearing before the Ninth Circuit Court of Appeals, a Justice Department lawyer argued that the president had clear authority to order the ban on national security grounds.
"This is a traditional national security judgment that is assigned to the political branches and the president," August Flentje said.
Critics of the ban claim it violates the US Constitution by discriminating against people on the basis of their religion.
"Has the government pointed to any evidence connecting these countries with terrorism?" asked Judge Michelle Friedland, who was appointed by Barack Obama.
Flentje said the government had not had an opportunity to present such evidence, given the speed at which the case had moved.
The court must decide whether to maintain the lower court's suspension, modify it or lift it. The ruling by the judges -- two were appointed by Democratic presidents and a third by a Republican -- is expected before the end of the week.
The case is likely to eventually wind up on appeal in the US Supreme Court, which currently is short-handed and evenly divided between liberal and conservative justices. A tie there would leave in place the appeals court decision.
Should Trump's nominee to fill the vacant seat be confirmed by the Senate, he could break the tie.
'Horrible, dangerous and wrong'
Trump vented his frustration in tweets, referring to the ban's suspension as "the horrible, dangerous and wrong decision."
He went further in a rambling speech to the law enforcement chiefs, which at points drew polite applause.
"It's really incredible to me that we have a court case that's going on so long," he said.
Trump then read out the text of a law -- interspersed with his commentary -- that confers on the president authority to suspend entry to any alien or class of alien deemed detrimental to the interests of the United States.
His decree summarily denied entry to all refugees for 120 days, and travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days. Refugees from Syria were blocked indefinitely.
Top administration officials have argued it is needed to keep out Islamic State and Al-Qaeda fighters migrating from Middle East hotspots, insisting time is needed to implement stricter vetting procedures.
Travel analysis firm ForwardKeys says travel bookings to the United States fell 6.5 percent the week after the ban, compared to last year, with a sharp drop in numbers from the targeted countries.
Blame shifting
The sudden rollout of the restrictions, and their blanket nature, sparked protests and international condemnation. Polls now show eroding public support for the move in the United States, amid jubilant scenes at airports of returning immigrants.
Shifting the blame to his security advisers, Trump said he had proposed giving a one-month notice, but his law enforcement experts told him "people will pour in before the toughness."
"I think it's sad, I think it's a sad day," Trump said.
"I think our security is at risk today, and it will be at risk until such time as we are entitled and get what we are entitled to as citizens of this country, as chiefs, as sheriffs of this country. We want security."
source: interaksyon.com
Saturday, April 28, 2012
Asian-American leaders laud Obama nomination of Fil-Am as federal judge

A woman lawyer could become the first Filipino-American to serve as an Article III federal judge if her nomination by US President Barack Obama is approved by the US Senate.
Article III judges enjoy lifetime tenure.
The nomination of Lorna Schofield was immediately hailed by Asian-American community leaders.
“I am honored to put forward these highly qualified candidates for the federal bench,” President Obama said in nominating Schofield and three others. “They will be distinguished public servants and valuable additions to the United States District Court.”
“As a second-generation Filipino American, Ms. Schofield’s nomination and confirmation by the Senate would make her the first in the history of the United States to serve as a federal judge,” said National Federation of Filipino American Associations chairman Ed Navarra. “Given that Asian Americans are significantly underrepresented in the federal judiciary, Ms. Schofield’s addition will greatly enhance the judiciary’s diversity.”
“We congratulate Lorna Schofield on her nomination to serve as a federal district court judge on the Southern District of New York,” said Nimesh M. Patel, president of the National Asian Pacific American Bar Association. “She is an exceptionally well-qualified nominee, and we thank both President Obama and Senator Schumer for putting her name forward to serve on such a distinguished court.”
“It is exciting to finally see a Filipina American have the opportunity to serve as a federal judge,” said KAYA: Filipino-Americans for Progress co-chairman Jason T. Lagria. “Growing up, there were not many Filipino lawyers I could look to as role models, and I hope her nomination inspires members of our community to follow in her footsteps.”
Schofield is a second-generation Filipino-American, the only child of a post-World War II Filipina immigrant who raised her after her father left them when she was just three years old.
She received a full tuition scholarship to attend Indiana University and earned her law degree from the New York University Law School in 1981.
In 2008, she was named one of the nation’s 50 most influential minority lawyers by the National Law Journal.
She served as Assistant United States Attorney in the criminal division of the Southern District of New York for four years where her significant cases involved prosecuting domestic terrorism, arms smuggling, and tax fraud.
Schofield was the first Asian American Pacific Islander to chair the Litigation Section of the American Bar Association’s largest section, which has over 60,000 members, and has also served as a member of the ABA’s Standing Committee on the Federal Judiciary.
source: interaksyon.com