Independent Sentinel by Bob Bennett
After his swearing in Thursday, AG Sessions said he would defend the president “with vigor and determination.” Certainly, this is sorely needed in the travel ban case, because the inept performance by DOJ lawyers so far has painted the president into a legal corner.
In both the district court hearing and the Ninth Circuit telephone hearing, DOJ lawyers were twice unable, when asked, to demonstrate irreparable harm that could result from district court Judge Robart’s restraining order of the travel ban. It’s clear under statute that the president does not have to provide evidence before exercising his power to exclude aliens that he believes threaten the national interest. But hundreds of thousands were listening to the Ninth Circuit hearing, and it’s been endlessly (and falsely) opined on talk shows since that “There’s never been a single terror crime by immigrants from the countries on Trump’s list.”
From the Las Vegas Sun: “[district court] Judge James Robart asked the Justice Department lawyer how many arrests of foreign nationals from the countries have occurred since 9/11. When the lawyer said she didn’t know, Robart answered his own question: ‘Let me tell you, the answer to that is none, as best I can tell.
You’re here arguing on behalf of someone that says we have to protect the United States from these individuals coming from these countries and there’s no support for that.’”
Who needs witnesses, when the judge can testify for the plaintiffs?[…]