https://www.rushlimbaugh.com/daily/2017/02/06/how-to-navigate-trumps-immigration-executive-order-through-the-courts/How to Navigate Trump’s Immigration Executive Order Through the Courts
Feb 6, 2017
RUSH: Investor’s Business Daily has a poll out: “51% Back Trump’s Temporary Ban On Refugees.”
I’m getting a little bit ahead of myself here, because I’ve got a whole Stack coming up on this, including who is the judge. This is so typical of the left. They highlight the fact that this judge, Judge Robart out in the state of Washington is a George W. Bush appointee, as if to say he’s a Republican, man, he’s a conservative, man, and he ruled against Trump because he knows Trump’s a dictator.
Whoa, whoa, Judge Robart is not a Republican. Judge Robart is not a conservative. Judge Robart is a judge chosen by Patty Murray. You know, federal judgeships in the federal district courts, the way they are chosen is — I’ll give you an example. My cousin Steve is a federal judge, and my uncle, his father, was a federal judge. He was appointed during the Reagan presidency and Steve during the George W. Bush presidency, federal judge in Missouri.
And, in order to get that done, they had to make a deal in the Senate that the post office or something in Washington will be named after LBJ or some such thing, and, in the state of Washington, in many cases — there are actual full details on this on how this happened, but they blue slipped the opening of the district court judge in the state of Washington and Patty Murray was able to finagle getting her judge because, in many cases, senators from states, even of the opposite party, are given great deference in the establishment.
Many of the things that many people think are wrong with the establishment, although some people probably don’t think this is all that bad, but the way it worked in the establishment, let’s say you’re Bush and there’s a district court opening in the state of Washington, well, the senators in states get the opportunity to recommend. In the case of federal judges, that’s what begins the process. Senators recommend, and that’s really tantamount to asking.
And depending on the president and his people and what kind of curry their favor or what they need in another area, like, okay, if we give Patty Murray this judge, then what’s she gonna give us or what are the Democrats gonna give us somewhere else? And that’s how this kind of horse trading works. That’s how this Judge Robart ended up a federal judge in the state of Washington.
He’s not a conservative. He’s not a Gorsuch. He’s not a Scalia. He’s a full-fledged liberal. His ruling didn’t even consider any opinions on the law. He basically said that in his opinion, the president didn’t have the right or the authority and wasn’t making a smart move, so he stayed it. Now, the reason the left is gonna delay Gorsuch — they can’t stop him, and they’re not really going to. They’re gonna delay him, because, with the Supreme Court deadlocked at 4-4, this case, the Trump EO on the immigrant ban is gonna be decided by the Ninth Circuit, ’cause the way it works, the Ninth Circuit is where the briefs will be filed and the case argued.
The Ninth Circuit is the most liberal appellate circuit in the country. So the odds are the Ninth Circuit will side with Judge Robart and continue the stay and issue a temporary injunction against Trump’s executive order. Then it goes to the Supreme Court. Well, if they vote 4-4 that means the last decision reached is the one that holds. So the Ninth Circus is gonna be the focus of this. And in service of that, I’m way ahead of myself here, I had intended this to be the first segment in the next half hour, but since I’m in there I’ll go ahead and finish the thought.
The way to legally approach this, in my humble opinion, is for the government’s lawyers, for the DOJ, for Trump’s people to go in there and say this is nothing to do with religion. I’ll tell you where this thing is getting hung up. Well, it’s getting hung up because the left is hell-bent on stopping and resisting anything and everything that Trump does. That’s number one. Number two, what they think gives them moral authority here is they remember Trump saying he was gonna have a ban on Muslims.
And so here comes Trump’s executive order from these seven countries that are almost entirely Muslim, and so they’re out there, “See, it’s a Muslim ban, it’s a Muslim ban, it’s a religion ban, and we don’t have religious tests.” And Judge Robart fell for this. He wouldn’t have had to fall for it, Judge Robart was gonna do this. I mean, these people went to the state of Washington for a reason. State of Washington is California north. The way to argue this — and I don’t know if there’s anything they can do with the Ninth Circus ’cause the Ninth Circus is not gonna decide this on the law, they’re gonna decide it on politics ’cause the left has politicized everything, including the Super Bowl, getting back to that in just a moment.
The way to argue this is that Trump was not — the government is not — thinking religion at all here. This is strictly national security. This is strictly common sense. This is strictly the commission of the enactment of a campaign promise to tighten the vetting process on refugees and immigrants to make sure the people are permitted into the country are not problems. And just get it all off religion. Religion had nothing to do with this. This is purely national security, statistics, the history of violent protest uprisings and militant Islamic terrorism in the country to date.
And that’s the way to go about this. My humble… I’m not a lawyer. My dad was a lawyer, but I’m not a lawyer. But it seems to me… I am an astute analyst of politics, and this is a political case. It’s not a legal case, and the left has made it a political case on purpose, and so we need to take back the politics aspect of this and turn it back into the legal concept that Trump executive order actually is.
