Despite the losses the Trump administration has faced lately they just received a massive win in the courtroom, one the President will no doubt be pleased with. A federal court judge has upheld the President’s second executive order on a temporary immigration ban to several countries in the Middle East. The Judge was Judge Anthony Trenga of the U.S. District Court for the Eastern District of Virginia.
The Judge is a former George W. Bush era appointee who ruled in a thirty-two page finding. In his ruling the Judge ordered the President,
“has unqualified authority to bar physical entry to the United States at the border.”
The Judge found the new order does not reference religion, but instead focuses on increased vetting for the purposes of protecting American citizens from terrorism abroad. The real question is whether the order is wise, necessary, and over or under inclusive. The Judge’s job is to find that out. The Judge also said the following,
“This court is no longer faced with a facially discriminatory order coupled with contemporaneous statements suggesting discriminatory intent. And while the President and his advisers have continued to make statements following the issuance of EO-1 (the first executive order) that have characterized or anticipated the nature of EO-2 (the revised ban), the court cannot conclude for the purposes of the motion that these statements, together with the President’s past statements, have effectively disqualified him from exercising his lawful presidential authority.”
The substantive revisions reflected in EO-2 have reduced the probative value of the President’s statements to the point that it is no longer likely that plaintiffs can succeed on their claim that the predominate purpose of EO-2 is to discriminate against Muslims based on their religion and that EO-2 is a pretext or a sham for that purpose.”
The newly organized Justice Department also put their two cents into the issue by issuing a statement on the matter. Spokesperson Sarah Isgur Flores stated the following,
“As the court correctly explains, the president’s executive order falls well within his authority to safeguard the nation’s security.”
In court decisions from Hawaii and Maryland the President’s comments on the campaign trail were taken into consideration. Which makes those rulings different from this one. This very well could pave a way to the Supreme Court. Especially considering how different the conclusions were. This is a good win for the Trump administration. They are finally receiving some backup in the criminal justice system that could very well be the support they need to win this case ultimately.
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