The Ninth Circuit Court’s outrageous decision to stop Donald Trump’s travel ban from countries connected to terrorism defies logic.
The law on the matter is clear.
And Trey Gowdy’s comments sum up just how ridiculous the decision was.
Gowdy is a former federal prosecutor and state circuit district attorney.
He knows the law.
And he knows when a rogue court oversteps their bounds.
Gowdy released a statement blistering the court’s decision – and it flew in the face of the rule of law.
The Daily Caller reports:
“Gowdy said in a statement that no one should be surprised with the ruling that came from the court and that the 9th Circuit “has a well-earned reputation for being presumptively reversible. Unlike the district court order, there is at least a court opinion which can be evaluated.”
“Of particular interest is the 9th Circuit Court of Appeal’s suggestion that even those unlawfully present in the country have certain due process rights with respect to immigration,” Gowdy continued. “The Court cites Zadvydas v. Davis, 533 U.S. 678, 695 (2001) for the proposition that even aliens who have committed and been convicted of certain crimes while in the U.S. unlawfully may have due process rights with respect to travel to or from the United States. In addition, the Court ventures curiously into its own role in reviewing a President’s national security conclusions.”
Gowdy said in his statement of the 9th Circuit’s opinion reference to the 2001 case that “Legal permanent residents, non-citizens with current valid visas, non-citizens with expired visas (which were once valid), aliens with no legal standing, aliens who have committed a crime but have not yet been deported and aliens who are not even present in the United States but seek to come are just a few of the categories the Supreme Court will need to determine what process is due, if any.”
Gowdy also tweeted that the court had grown far beyond the power the Founders intended.
For those, like Alexander Hamilton, who once or now wondered if the Judicial Branch would be too weak. Wonder no more.
— Trey Gowdy (@TGowdySC) February 10, 2017
Many Americans believed the ruling was a political decision handed down by activists masquerading as judges.
Rush Limbaugh expressed their feelings when he said on his show:
“This is going to continue because this is where the left has populated themselves.
They’ve taken over the judiciary, and they are in the bowels of the bureaucracy in unelected positions. Here you have three judges on the U.S. Ninth Circuit Court of Appeals who do not have access whatsoever to national security information, presuming that they know more about national security than the president — and that because of that, they can overrule the Constitution. You know, I don’t care. It doesn’t matter to me that whoever presented the case for the Department of Justice was incompetent. That doesn’t matter.
The law is the law, and the law doesn’t matter now when it goes against the left.”
Trump and his administration now have options before them.
They can immediately appeal to the Supreme Court to get the temporary restraining order lifted.
Or they can fight the case on its merits in the Seattle court where the TRO was handed down.
Finally, they could simply draft a new executive order.
The merits and the law are on Trump’s side.
Of course, a new executive order would still invite legal challenges from the left since they are determined to thwart his Presidency at all costs, even if it harms national security and results in the loss of life.
But the main issue – which Gowdy pointed out – is the fact that the judiciary no longer operates as a co-equal branch of government.
It now hovers above Congress and the President as an unelected super legislature to make laws and usurp the power of the other branches.
Take it to the SC..President Trump has case law on his side and bury the 9th circus once and for all
Yes, of course take it to the SC. But take no chances; make sure we have Neil Gorsuch on the SC first.
Just have to make sure we have 9 Justices so those Liberal Justices can’t stall it with a tie.
Trey would be a great replacement for Ginsberg TODAY!!!!!! The gripe is the so called religious test, which there is none, IF there were a religious test the 600 Syrian Christians detained would never been stopped!! But not much on MSM about them is there????
Don’t be too sure, his record of accomplishment is thin, and he sides with establishment politicians almost always. His Rhetoric sounds goods, but where are the goods. This is a social, political climbing politician who shows all the signs of being another Lindsay Graham. His hearings were a showcase for his BS and did absolutely nothing. I would never put him on the court, he would be a disappointment. Knowing and doing are two different things, he has done little except make himself look good with words.
You are right, oblamo used the illegal religious test to accept mud_SLIMES, not Christians!!!
Gowdy knows the federal law, so does Ted Cruz, Allan Dershowitz and others and all say the 9th Circus once again decided wrongly and will be reversed as they have over 80 percent of the time.
As this matter concerning the 1st executive order concerning travel from unstable countries who cannot help us vet travelers slowly meanders through the court to the SCOTUS, President Trump will soon issue a new executive order which allows green card holders and those already on planes to continue their flight. This will clean up the original order to make it pass muster with the 9th Circus and other federal appeals courts.
Mark Levin talked about this in his 2005 book, “Men in Black” which was about the Supreme Court exceeding their authority. The 9th “circus” Court of appeals is an enemy to our freedom and is the most overturned court in the nation. Our Founding Fathers have to be whirling in their graves. God help us!!
“WE” still have no idea what Lincoln did. Destroyed the republic, killed 660,000+ people, imposed property theft and started the murder of the Indians out west. A really bad example of a “Christian” man. Mark Levin is a hook nosed jew that LOVES Lincoln, the socialist, white supremacist, that married a nut case. Read his speeches. Even Hitlery said he was two faced, like herself.
I hope President Trump knows that the U.S. Congress can disband the 9th Court and form a new court for the states the far left liberal court rules now!
Section 6 paragraph 3 of the constitution states that these frauds can be replaced during bad behavior. Send them packing. NOW !
who are the retards from Seattle who filed the TRO ???????
TREY Gowdy,,,,,,,,,,That man has a mind that is awesome and I think he can walk on water also,,,,,,,,,,,I have his picture hanging on my wall,,,, we are so lucky to have this man speaking for us,,,,,,,,,,,
But what has he done except side with the Establishment on the important issues, think about it and do some research. he talks well then what?
sleeps with an insider bankster and CFR member……
Its a shame that Texas is stuck with the likes of Cruz and SCarolina is blessed with Gowdy
Rep. Trey Gowdy should be the Speaker of the House. He would have rejected the Obamascare once and for all with an appropriate reform.
I really get tired of the co-equal branches merde. The founders felt that the courts would have very little to do and, since they had neither purse nor sword, would be no trouble.
They still have no purse nor sword. . . Why in the fluke don’t the other TWO branches just ignore them?
The situation can be summed up using ideas by Gowdy and Rush. This was a political decision, not a legal decision. It was a PC decision! And has exposed the Judicial Branch as a collection of outlaws for using an operating system, PC, as the rule of PC instead of the rule of law.. They should be impeached and this tampering with the legal system needs to be rooted out and stamped. Now is the time for all elected officials in all political parties to rally round the Constitution and rip the burqa, mask, judges/PCers are wearing. Isn’t this what they swear to do when taking the oath of office, defend the Constitution. With their lives, with their careers, their fortunes, their retirements as needed. They should all resign, ASAP.
Consider what is the Constitution? It is much like the 10 Commandments except it can be revised by the legislative process in the Constitution. In other words it is what is written and can’t be amended, changed, locked up in a safe at party HQ, burned at the stake by any branch. And it is no more a living document than the speed limit in a school zone during the hours it is in effect and until the school is closed. The Constitution is what protects citizens from excessive govt meddling and in fact is what makes us all citizens instead of subjects since it gives us rights instead of being subject to the whims of govt officials. It regulates the regulators! Being the apex of the legal system and the operating system of the govt, precedent is irrelevant in determining whether a law is constitutional or not. And it is only laws and the govt, not people, corporations, churches that can be unconstitutional. Our only rights are those listed in the Constitution, which also are the ones many govts in history deny the people that live under them. The idea of the govt declaring same sex people have the “right” to get married or a woman has the right to kill the unborn person in her body are fake rights. They fall in the same category as separate but equal schools in the south. We have been experiencing legal bullying and Constitution abuse by too many lawyers in too many positions in govt resulting in legal incest in the political parties for way too long. IMO the whole democrat party has become little more than a collection of people whose whole purpose is to get elected, to keep the party in control of the govt so they can create more programs to get more votes to stay in office, Doing things for the benefit of the nation is way down on their list of things to do. They are least diverse party in American history. The three things important to them are the party, the party, the party!
Agreed! And the very idea that three unelected judges are allowed to hijack the security of this country and, very possibly, the safety of many of our legal citizens, leans toward a real possibility of intentional subversion , alias TREASON !!
Section 6 paragraph 3 of constitution. Treason is bad behavior. fire them & arrest them.
Trump needs to follow Andrew Jackson example, and simply ignore the courts. . .
The founder of the Democratic party and the man who hung their icon on them. Maybe he was on to something. 🙂
all these hearings of crimes in the judiciary committee meetings? How many have been arrested ? ZERO ! You fear an inept government ? bunch of cowards
Repugnicans doing what Repugnicans do. . .
The 9th circus is like a guy who can’t read or follow the instructions when trying to put something together he bought that needs to be put together step by step. All they need to do is read and intrepid the law that has already been written and apply it logically. What’s missing? The reading the understanding or the logic? Or all of the above? They are not doing what they are being paid to do They aren’t supposed to write law why do we let them get away with it? It should be bounced back to Congress when they encounter something new to be voted on instead of setting a new precedence and letting it go on that’s dictating from the bench these radical judges have become mini dictators with way too much power its how we got to where we are today! I don’t know if my idea would work but I know this we sure wouldn’t have decisions like this one.
If it were me, I would send all three back to Civics class.
guillotine
Well yes, the “court” of liberals need to be taken down several pegs. Gee, i wonder when the Congress dominated by “conservatives” oops….I mean members of the Republican party many of whom are now RINOS under the supervision of an ex-president, I gather, will decide to start making a difference. It would help if a majority of them would actually read and know what to do with the renowned Constitution. It should give them a decidedly powerful edge over the Libtards! Eh, are they still under the direction of a most powerful Speaker of the House who is …eh, on the conservative side? That would be good too.
Pawl Whine is the WORST ! No one exposed this idiot of his record. HE is OUR speaker of the house ? RINO trash
The 9th Circuit is reversed close to 90% of the time, even liberals are embarrassed by them. You do not have to be much of an intellect or scholar to figure it out Trey, what have you accomplished for us ever besides your skillful rhetoric.
Unfortunately, Trey has not been in a powerful position to accomplish much, other than his votes as a Representative in the House. In spite of the fact that his questioning of people during House investigations was exceptional, he was met at every turn with roadblocks from department heads and “paid off” witnesses. I watched and listened to most of the questioning that was aired. Trey never got a straight answer from anyone. The brick walls thrown up were supported by department heads – among others. Hard to accomplish something when your battle is all uphill and the enemy has you surrounded.
At every opportunity he voted with the establishment of Boenher and his cohorts. I know its a club, but at some point he needs to show accomplishment. All I have seen is PURE ESTABLISHMENT BULLSHIT. When you see the liars you call them out and stop being such a gentleman and start pulling their funding. If you are not will to play hard ball go home. Including your own party, like half the state you represent. They are very conservative and expect more, I just moved to SC.
According to the Constitution the Courts can’t stop what Trump did. Only the Congress can stop it.
Read the articles at the beginning of the Constitution.
The 9th CIRCUIT COURT of APPEALS is way off base here in there ruling. To bd the SCOTUS is not at full strength right now. The 9th court would be eating its words as usual. /////////////////////////////.
While we “dance” around and around the laws in this country, more and more of our enemies are flooding our borders and this mockery of a court is the “gate keeper”. We have gotta get a handle on this situation or there will be blood in the streets of the USA. Our laws should NEVER protect an illegal alien OVER the LEGAL American citizens…this court is committing treason against the sovereignty of the true USA! Close them down, Mr Gowdy!
Bring our military home to help protect us….this is serious.
I totally agree LadyLoneStar….totally!!!!
Impeach the judge and have him removed from the bench. This action will show that if you mess with the bull you get the horns
Gowdy right on and a brave congressman. 9 th District Court Bad for America and always have been.
Take it before the SC then implement impeachment procedures against the these unconstitutional following judges. Remove them from the bench
The illegals are welcome IF and ONLY IF they live in the rogue judges homes!!!
same goes for pardoned criminals. IF they commit another crime, the one that pardoned them is GUILTY TOO ! Send both to jail. That will fix that !
Every circus needs a clown. You’ll find him in the 9th Circuit Court. Rep. Trey Gowdy is the right person to grasp collars of these Democrat activists masquerading as judges & toss them out.
who cares , in the mean time trump , deport the illegals faster and piss the courts off big time, till they finally shut up and start doing their jobs the right way , there is more then one way to piss off the liberals , hit them where it hurts the most, the ilegals
only one thing will get them to do a good job. When they are dead, they make compost.
EHEHEH!!! Good one Tim.
TELL THE 9TH COURT TO GO SUCK AN HOTCHY AND DEPORT THEM ANYWAY! THEY DONT KNOW THE CONSTITUTION NOR THE TOTAL RIGHT OF THE PRESIDENT OVER ALL ON NATIONAL SECURITY ON THIS COUNTRY!
you expect to get “justice” from a court that already is known to be racist, murderous, KILO (theft of property), smarter than GOD (queer marriage) and other foolishness ?. Good luck Every aspect of Amerikan government is corrupt. “WE” are no longer the people that rule & order OUR lives. We are slaves.
Let’s get all this nonsense out of the way.
Bronco Billy Bob once said, “Pass it (anything) anyway and let the Supreme Court decide.”
HMMMM…How has THAT been going for say 20 YEARS!!!
ANS: not so good NOR has anything of viable constitutionally legal actions come from the SC…except Scalia’s support and upholding of the 2nd amendment!
The SC is LOADED with UNIPARTY people, (except for Thomas who is ALONE NOW without Scalia)….NOT CONSTITUTIONAL SUPPORTERS!
TREY would have been an EXCELLENT AG…..despite it’s DEAD-END job description.
I would revel if TREY was nominated as the NEW SC Justice!!!
OR President for 2024!!!
HMMMM………..
Wish Trey Gowdy was on the Supreme Court. Still he is so good where he is
It’s obvious the 9th “circus” members cannot read the LAWS by which they are SUPPOSED” to operate. I’ve read Title 18, USC, Section 1182(f) and it is very clear to me President Trump was and is still within his LEGAL right. So, those Liberal, Obama Socialist Judges need to go back to law school and learn to read the LAW as written for THEM.
Good for Trey Gowdy. He is exactly correct in this matter, (as well as most others), and I would love to see him be named a Special Prosecutor for Clinton.
Trump can’t afford to take it to the SCOTUS. He will lose and even he knows it. Instead, they are working on a legal ban. The court told them how to do it. Even Sessions is smart enough to do it right if he has a recipe.
The rule of law is very simple, illegal aliens have ABSOLUTELY NO RIGHT TO CONSTITUTIONAL DUE PROCESS! Those 9th circuit court judges are infusing their own political liberal views into the case. A case that should have NEVER occurred.