Wednesday, February 1, 2017

House Conservatives Back Trump’s Refugee Order, Question Its Implementation

House Conservatives Back Trump’s Refugee Order, Question Its Implementation

Rep. Raul Labrador, R-Idaho, supports President Trump's restrictions on refugees, but he is "a little bit concerned" about how the White House implemented the policy. (Photo: Yuri Gripas/Reuters/Newscom)
House conservatives support the substance of President Donald Trump’s executive order restricting refugee resettlement and other forms of legal immigration, but are critical of how the White House implemented the policy.
In a briefing for reporters Tuesday, some of the most conservative members of Congress strived to portray Trump’s order as a temporary policy meant to improve the vetting of travelers from countries the Obama administration had designated as posing risks of terrorism.
The conservatives, mostly members of the House Freedom Caucus, wish the Trump administration had better told that story.
“What I am hearing from folks back home is there is something sensible about a more thorough vetting and a pause,” said Rep. Mark Sanford, R-S.C.
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“That having been said, I would say two things: Sometimes it’s not what you say, but how you say it. There were particular problems with implementation on that front. A good idea poorly implemented can come across as a bad idea. That’s the hang up on this one. The implementation was clumsy.”
Trump’s executive order, signed last Friday night, bans Syrian refugees indefinitely, imposes a four-month suspension on all refugee admissions from anywhere in the world, and bars for 90 days people from seven predominantly Muslim countries—Iraq, Iran, Syria, Yemen, Sudan, Libya, and Somalia—from entering the U.S.
The administration received widespread criticism early on for its seemingly chaotic and uneven implementation of the order.
“As a temporary policy, I don’t have a problem with it,” said Rep. Raul Labrador, R-Idaho. “I am a little bit concerned about how it has been implemented in two cases: with regards to legal permanent residents [some who were initially detained upon entering the U.S.], and I am also concerned how it applied to some Iraqi translators who helped us in the war on terror. They need to find an expedited way to deal with those Iraqi translators and I encourage the administration to do something.”
On Tuesday, Department of Homeland Security officials defended Trump’s executive order and said they’ve rectified some of the implementation problems.
Kevin McAleenan, acting commissioner of U.S. Customs and Border Protection, said more than 500,000 foreigners flew into the country in the 72 hours following Trump’s order.
He said CBP agents granted waivers to 1,060 lawful permanent residents, or green card holders, from the countries affected by Trump’s order, allowing them to enter the country after additional screening.
McAleenan said the agency granted 75 additional waivers for “immigrant visa and nonimmigrant visa holders,” including translators who have special visas for assisting the U.S. military in Iraq and Afghanistan.
And he said 872 refugees would be granted waivers, which were permitted because the refugees had already been screened and stopping them from traveling would cause “undue hardship.”
McAleenan said 721 travelers with visas from the seven targeted countries were not allowed to board planes headed to the U.S.
At a news conference Tuesday, DHS Secretary John Kelly characterized the order as a “temporary pause” allowing security officials to “assess the strengths and the weaknesses of our current system.”
The order “is not—I repeat—not a ban on Muslims,” Kelly said.
Kelly denied reports that DHS was surprised by the order, and added that “people on my staff were generally involved” in writing it.
House conservatives say people should not be surprised by Trump’s executive order.
“This [order] has been adjudicated in public across the country for a year and a half,” said Rep. Scott Perry, R-Pa. “The president said he was going to do this—he ran on this—and most of the American people by way of the electoral process voted for him and voted for this. While there is a minority of folks making raucous at the airports, the fact is most Americans are concerned about their security.”
Conservatives sought to avoid calling the order a “ban,” language Trump has used to describe his action.
They emphasized that House conservatives in late 2015 passed a bill similar to Trump’s order that would have temporarily blocked Syrian and Iraqi refugees from entering the U.S. until the government bolstered screening procedures.
Forty-seven House Democrats voted for that bill, but Senate Democrats blocked the legislation from advancing, with only two voting to support it.
House Speaker Paul Ryan, R-Wis., on Tuesday stood by the executive order, telling reporters, “We need to make sure that the vetting standards are up to snuff,” while conceding, “regrettably, the rollout was confusing.”
Some conservatives raised concerns about language in the order that suggests the pause on immigration from certain nations could become permanent, and the list of targeted countries may expand.
In the order, Trump directs the relevant Cabinet agencies to review the vetting process for citizens of all countries where visas are required to travel to the U.S.
If those nations don’t improve their cooperation, they will be added to the list of countries whose citizens are barred from entry to the U.S.
“If at some point we take issue with the longevity or scope of [the order], we will do that,” Perry told The Daily Signal in an interview. “But we have to at some point trust [Trump] as the chief executive who is being briefed by the National Security Council and other agencies about what’s needed to safeguard the United States. If it seems to us that the administration is reaching to expand the order for reasons we don’t agree with, I guarantee there will be people here who take issue with that. Congress has the job of oversight and we are going to conduct it here.”


Acting Attorney General’s Defiance of Trump Shows Politicized Nature of DOJ

LAWCOMMENTARY

Acting Attorney General’s Defiance of Trump Shows Politicized Nature of DOJ

As acting attorney general, Sally Yates ordered Justice Department lawyers not to defend President Donald Trump's executive order that placed a hold on travel for citizens of terror-ridden countries. (Photo: Evelyn Hockstein/Polaris /Newscom)
The kerfuffle on Monday night over former Deputy Attorney General Sally Yates’ statement criticizing President Donald Trump’s executive order requiring better screening of travelers from failed countries that are the biggest sources of terrorists in the world shows the difference between a Justice Department guided by politics versus the rule of law.
In the statement that Yates circulated inside the Justice Department, she said the department would not defend the executive order against the proliferation of lawsuits being filed against it because she was not “convinced” that that it was “legally defensible.”
Furthermore, she claimed that in addition to her legal responsibilities, she has an obligation to “stand for what is right” and she obviously does not believe this executive order is “right.”
But Yates is wrong.
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As the deputy attorney general and acting attorney general, her obligation is to defend federal law and actions taken by the president pursuant to the law when there is a valid basis for doing so, regardless of whether or not she agrees with the president from a public policy standpoint or thinks his action is the “right” thing to do.
There is no question that the president’s executive order is eminently defensible and that he is entitled to have the Department of Justice defend it in court.
In his executive order, the president cites a provision of federal immigration law, 8 U.S.C. §1182(f), which gives him almost unlimited discretion to suspend “the entry of any aliens or of any class of aliens into the United States” if, in his judgment, their entry “would be detrimental to the interests of the United States.”
Since Congress has absolute authority under the Constitution to determine our immigration policy, its delegation to the president of this authority is perfectly constitutional.
Yates’ decision appears to have been primarily motivated by politics, not law, which, no doubt, prompted the action Trump took in firing her almost immediately.
The constitutionality and legality of the executive order is bolstered by the fact that, as even Yates was forced to acknowledge, the order was reviewed by the Justice Department’s Office of Legal Counsel, which concluded that it was “lawful on its face and properly drafted.”
It has long been the job of the Office of Legal Counsel to analyze laws passed by Congress and executive orders issued by the president to determine their constitutionality and determine whether they can be defended in the courts when they are challenged.
As its own website explains, it is Office of Legal Counsel “by delegation from the attorney general” that “provides authoritative legal advice to the president.”
So Yates’ claim that the immigration executive order is legally indefensible flies in the face of the Office of Legal Counsel’s legal opinion—which constitutes the Justice Department’s legal opinion—that the president’s executive order is, indeed, “lawful.”
As a statement released by the White House said, by her refusal to carry out her duty to defend the executive order, Yates “betrayed the Department of Justice.”
It is clear from her statement that Yates took her action because she doesn’t like the executive order as public policy. As the White House statement says, that is because she “is weak on borders and very weak on illegal immigration.”
As former Justice Department official Jack Goldsmith says, if Yates didn’t like this executive order, the proper course for her would be to resign—not tell Justice Department lawyers that they would not be allowed to defend a lawful action of the president.
There is no doubt that Yates is going to be portrayed as a martyr by progressives and the media who don’t like the executive order because she was fired. But she allowed her political views to interfere with her basic professional obligation to enforce the rule of law and to defend an executive order issued by the president that her own department had already concluded was lawfully issued.
She failed in her duty as the acting attorney general and is certainly not a martyr.
Yates has also provided the final confirmation of how politicized the Justice Department became under President Barack Obama. It is going to take a long time and a lot of work for Attorney General-designate Jeff Sessions to restore the department’s professionalism and its reputation.

LAW NEWS Democrats Change Tune After Demanding Up-or-Down Vote on Supreme Court Nominee in 2016

LAWNEWS

Democrats Change Tune After Demanding Up-or-Down Vote on Supreme Court Nominee in 2016

Senate Minority Leader Chuck Schumer, pictured at bottom right during President Donald Trump's inauguration Jan. 20, says Democrats will support only a "really good" Supreme Court nominee. (Photo: Richard Ellis/ZumaPress/Newscom)
Senate Democrats who last year called for an up-or-down vote on Supreme Court nominees changed their tune as President Donald Trump prepared to announce his choice for the high court Tuesday night.
“This is a stolen seat,” Sen. Jeff Merkley, D-Ore., said Monday of the vacancy Trump was about to fill. “This is the first time a Senate majority has stolen a seat. We will use every lever in our power to stop this.”
Merkley was referring to President Barack Obama’s thwarted nomination of a U.S. appeals court judge, Merrick Garland, to fill the Supreme Court seat of Justice Antonin Scalia, who died in February.
Democrats unsuccessfully pressured Republicans to confirm the election-year nomination of Garland. They said the Senate had a “constitutional obligation” to approve Obama’s nominee to succeed Scalia, a stalwart conservative.
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“My constitutional obligation is to review that nominee, to ask questions about that nominee, and then to vote on it,” Sen. Joe Donnelly, D-Ind., said in February. “So you know I plan to do my job.”
Senate Minority Leader Chuck Schumer, D-N.Y., and other Democrats such as Merkley, however, appeared to change direction after Trump won the White House.
During an interview with MSNBC’s Rachel Maddow in early January, Schumer said his party would oppose anyone who wasn’t “really good.”
“We are not going to settle on a Supreme Court nominee,” Schumer said. “If they don’t appoint someone who is really good, we are going to oppose them tooth and nail.”
Such statements about blocking the confirmation process through a filibuster are in sharp contrast with what Democrat leaders said in the past about the Senate’s role in confirming a president’s Supreme Court choice.
The conservative nonprofit America Rising Squared, or AR2, released a digital ad Monday called “Roll the Tape” that spotlights Senate Democrats’ consistent calls last year for an up-or-down vote on Garland.
“Democrats may try and run, but they can’t hide from their records—all we have to do is roll the tape,” Brian Rogers, the group’s executive director and former communications director for Sen. John McCain, R-Ariz., said in a release.
“Doing your job is holding a hearing, asking tough questions of the judge, and then voting yes or no,” Schumer said in April.
Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, said he is not surprised by what he called Schumer’s double standard. In an email to The Daily Signal, von Spakovsky said:
The double standard shown by Sen. Schumer and his Democratic cohorts shows that they have no real principles whatsoever when it comes to the Supreme Court and the respectful treatment of judicial nominees—their only interest is achieving their political goals at all costs even if it means destroying the Constitution, the rule of law, and the fabric of the Senate.
Sen. Elizabeth Warren, D-Mass., said in March of the Garland nomination that the Senate should respect the “constitutional duty” of the president by voting on Obama’s choice.
“The president has done his constitutional duty, he has sent us a nominee, and now it is our job in the United States Senate to hold hearings, to examine his credentials, and then to have a vote on him,” Warren said. “That’s what the Constitution calls for.”
In May, Sen. Claire McCaskill, D-Mo., also voiced support for a vote without obstruction by Republicans.
“The Constitution says the president shall nominate Supreme Court justices,” McCaskill said. “The Constitution says the Senate shall advise and consent, and that means having an up-or-down vote.”
Republicans never advanced Garland out of the Judiciary Committee. His nomination expired with Obama’s presidency, clearing the way for Trump to choose a successor to Scalia.

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