Travel Ban Executive Order Is Lawful, Contrary To Decision Of 9th Circuit

By Roger J. Katz, Attorney at Law and Stephen L. D’Andrilli ~ Part 3

We The People Gavel
Travel Ban Executive Order Is Lawful, Contrary To Decision Of 9th Circuit
Arbalest Quarrel
Arbalest Quarrel

New York, NY  -(  The Travel Ban Executive Order is lawful.

The principal duty of the U.S. President is mentioned in the oath he takes as set forth in the Article 2, Section 1 of the U.S. Constitution:

“Before he enter on the execution of his office, he shall take the following oath or affirmation: ‘I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.’”

Two of the laws the U.S. President must faithfully execute, which provide the impetus and legal ground for this Executive Order involve immigration.

One is 8 U.S.C. § 1182, titled, Inadmissible Aliens.” 8 U.S.C. § 1182(f) says, in pertinent part, “Suspension of entry or imposition of restrictions by President. Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

This Statute gives the President clear authority to suspend the refugee program and to take any action he deems necessary to prevent individuals who may pose a threat to our national security from entering our Country. That action includes precluding from entering our Country those denizens, residing in Countries that are failed States and otherwise openly hostile to our Nation and its citizens. Such failed States pose a true threat to the safety and the security of our Country and its People and to our National interests. Terrorists can and will infiltrate into this Country through the waves of refugees whom they follow, if these terrorists are given the opportunity.

Another Statute, 8 USCS § 301, titled, “General authorization to delegate functions; publication of delegations,” authorizes the U.S. President to delegate responsibility for implementing his Executive Order to, inter alia, appropriate officials in the Executive Branch. In this instance, the head of the Department of Homeland Security (DHS) is tasked with carrying out the Executive Order, suspending penetration of our Country by denizens of Countries adverse to our interests.8 USCS § 301, says:

“The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, that nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions.”

Now, the internationalist globalist elites don’t like this Executive Order because it conflicts with their goal to seed disruption in our Country as they have seeded disruption in the EU.

They seek to undermine the security of the United States, slowly whittling away at our National Sovereignty, paving the way for ultimate dismantling of our Nation and its Constitution, eventually surreptitiously taking over our Country. Still, these internationalist, globalist elites have little power to harm this Nation and its citizenry now that their puppet, Hillary Clinton, lost the U.S. Presidential election and is politically dead. Where, then, does the power of these singularly powerful, immensely wealthy, abjectly ruthless, and intensely private, secretive, sinister creatures lie?

Info Wars Heat Up Trump Media
Info Wars Heat Up Trump Media

These “elites” still control the mainstream media. What does the mainstream media comprise? The mainstream media comprises major newspapers, including, inter alia, the New York Times, the Washington Post, the Financial Times, the Guardian, the Wall Street Journal, the Los Angeles Times, and the Chicago Tribune. It includes major broadcast networks like ABC, CNBC, MSNBC, CBS, CNN, NPR, and PBS, and, yes, FOX network too — various gatekeepers on the right and on the left of the political spectrum.

Yet, with the election of Donald Trump, this same mainstream has now fallen out of the mainstream. It has devolved into the voice of the extreme. As it has castigated the weblogs that supported Trump during the election cycle as being unruly, this same mainstream media has itself grown unruly. It has become increasingly boisterous, vituperative, obstreperous, sanctimonious.

This mainstream media has lost any semblance of dignified restraint and measured tone in reporting.

It disrespectfully denigrates the Office of the U.S. President at every turn because its owners, the internationalist globalist “elites” who rule the EU quietly with an iron fist behind the scenes, failed—which, for them, was an unbelievable turn of events—to seat their puppet, Hillary Clinton, in the White House.

But, the American people have turned a deaf ear to the nonsense spouted by the mainstream media.

What else do these internationalist, globalist “elites” have up their sleeve?

They can, as we have seen, orchestrate mass marches and they can foment violence and chaos through the use of agents provocateur, buttressed by legions of ignorant Americans quick to jump of the cliff like willing lemmings as soon as they hear the appropriate buzzwords that flood the soft tissue of their mush-filled brains. These internationalist, globalist elites work hand in hand with subversive political groups like the George Soros Group,, and the Groups, Code Pink, Black Bloc and Black Lives Matter.

But, the American people have really nothing to fear from an unruly mob. For, the police, and the military, and, most importantly, an armed citizenry can contain an unruly mob. The Second Amendment still exists much to the chagrin of those that seek to do away with the Bill of Rights. And the American people need not fear the lurid nonsense spouted by the mainstream media that is growing increasingly unimportant and extraneous as the messages it conveys are clearly out of the mainstream.

But the internationalist globalist elites can still manipulate the Judiciary. That is problematic. The mainstream media and an unruly mob do not constitute a Branch of Government. But, the Judiciary does. While the internationalist globalist elites won’t be able to compromise the U.S. Supreme Court once the U.S. Senate confirms Neil Gorsuch, still the third Branch of Government encompasses, today, more than the U.S. Supreme Court. The Judiciary comprises eleven U.S. Circuit Courts of Appeal and over ninety lower U.S. District Courts. The Judiciary also includes a few specialized lower federal courts and several federal administrative boards.

Forum Shopping Dispossesses The U.S. President Of His Ability To Protect This Nation And The American Citizenry From Threats To National Security As The U.S. Court Of Appeals For The Ninth Circuit Hamstrings The President.

Less than a week had passed from the date of the signing of the President’s Executive Order to protect this Nation against intrusion into our Nation by Islamic terrorists, when the State of Washington—apparently at the behest of outside influences—filed a Complaint seeking declaratory and injunctive relief. The case was filed in the U.S. District Court for the Western District of Washington.

The U.S. District Court issued a TRO (Temporary Restraining Order), placing an immediate hold on execution of the Executive Order. A TRO is an extraordinary legal remedy. It is one Courts do not routinely issue. Courts do not routinely issue injunctions because Courts wish to give each side an opportunity to present facts and law in support of their position. In the absence of a full adversarial trial on the merits, injustice may occur. Therefore, a party seeking immediate relief—through preliminary injunction or TRO—must satisfy stringent tests.

  • Political Matters Are Not Appropriate Matters Of Judicial Inquiry
  • The United States Court Of Appeals For The Ninth Circuit Is Not Content On Telling President Trump What The Law Is; It Tells The U.S. President How To Do His Job!
  • The Sequence Of Events Leading To The Decision Of The U.S. Court Of Appeals For The Ninth Circuit, Affirming The Decision Of The U.S. District In Place.

The State of Washington, evidently taking its cue from the internationalist globalist elites who seek to undermine our free Republic, our Constitution, and our National Security, lost no time in preparing and filing a formal Complaint, seeking to preclude President Trump from implementing his travel ban. The Plaintiffs’ First Amended Complaint was filed on February 1, 2017.

The Plaintiff State of Washington was joined, in the First Amended Complaint, by the Plaintiff State of Minnesota. The State of Washington, alleged, in principal part, that the President’s Executive Order is unconstitutional because it violates the Establishment Clause of the First Amendment. The State of Washington also alleged that the President’s Executive Order violates The Immigration and Nationality Act, 8 U.S.C. § 1152(a)(1)(A), because that Act, as Plaintiff alleges, prohibits discrimination in the issuance of immigrant visas on the basis of race, nationality, place of birth, or place of residence. The State of Washington further alleged that the President’s Executive Order is discriminatory, violating the Due Process and Equal Protection Clauses of the Fifth Amendment.

The State of Washington also alleged the President’s Executive Order violates the Administrative Procedures Act, 5 U.S.C. §§ 553 and 706(2)(D), because, as the State of Washington asserted, federal agencies must conduct formal rule making before engaging in action that impacts substantive rights. Lastly, the Plaintiff, State of Washington alleged the Executive Order violates the Tenth Amendment because, as the State of Washington asserted, “the Constitution prohibits the federal government from commandeering state legislative processes.”

But, notwithstanding the bare recitation of these naked allegations, how is the State of Washington, as Plaintiff, in the suit, specifically harmed? Let’s see. We explain in Part 4.

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One of the primary responsibilities of the government is to protect its citizens.


Citizen protection is THE (absolute and highest) primary responsibility of government.


the 9th District judge that ruled on this needs to be fired immediately for gross incompetence.


@jh45gun Macklin and Jim S. I wholeheartedly agree with your posts and I know that is not a surprise to either of you because the citizens of this great country proved this was their intention on Nov. 8, 2016. Finally, we have the hope that our children and grandchildren will have the country we grew and prospered in. I have never been able to understand why these illegals want to come here and turn this country into the sh*t hole they came from. The word stupidity comes to mind. I have no sympathy for the illegals that are here and… Read more »

Jim Macklin

[quote]Author: Jim S Comment: Sure we are a nation of immigrants, but that is history. The world has changed. The US is not the manufacturing power it once was (just look at the growth in China, thats US manufacturing we lost) and we are swimming in unemployment, and the US is pretty much populated now without open space to absorb anyone showing up (as it once did). We cannot absorb the worlds refugees, they have to stay and fight for their land. As I look around most countries that are populated are struggling with crime after allowing open immigration (typically… Read more »

Jim S

Sure we are a nation of immigrants, but that is history. The world has changed. The US is not the manufacturing power it once was (just look at the growth in China, thats US manufacturing we lost) and we are swimming in unemployment, and the US is pretty much populated now without open space to absorb anyone showing up (as it once did). We cannot absorb the worlds refugees, they have to stay and fight for their land. As I look around most countries that are populated are struggling with crime after allowing open immigration (typically refugees). Its time to… Read more »


nation of immigrants, yes.. history, yes, but more recent than you realise. BUT.. until the kinyun’s regime commenced, each one was examined as to their origins, character, intent, etc. Yes, even the VietNamese “Boat People” were. Nearly every one of the tens of thousands of those genuine refugees are now contributing productive citizens active in the grown and management of this nation. Thousands seeking entry here are NOT refugees. Most are simply hopping on the train for the free handounts. Note well: in the areas where the recent refugees have concentrated, WHAT are they doing? Living off welfare, putting their… Read more »


My Grandparent’s had to go through Ellis Island years ago as immigrants and when you were check by a Doctor and were sick you didn’t get off the Island until cured.


In the past, before this refugee program, all refugees were vetted before being allowed in. I see no problem with adhering to that requirement. As for preventing holders of Green Cards from returning, that is just asinine, as they have already been vetted.


Have they “already been vetted” ?? Are you sure? Simply being handed a “green card” is not – in any way, shape, or form – the equivalent of acceptable vetting. In the case of Syria, for instance… there are NO remaining electronic databases anywhere in that county, against which TO check (or even obtain) data. The Syrian government absolutely denies the US any access to any existing hard-copy paper records. NO vetting can be accomplished by US officials. The worthless Obama Administration simply asked the individual refugees if they were “good guys”… and occasionally asked neighbors if the refugees were… Read more »

Wild Bill

@JoeUSooner, your suspicions are correct. A CIS employee has less than one minute per file to find something suspicious. It they do not, then the application must be approved. Some vetting.

Wild Bill

@Super G, Just what do you think a “Green Card” is? I can tell by your use of that term that you have a false idea about Alien Registration Receipt Cards and what an Alien Registration Receipt Card holder is entitled to.


Let’s do our best to make the sure the U.S. is the land of the White Christian.

Jim Macklin

Let’s do our best to keep the USA a Constitutional Republic where all citizens love freedom to include freedom of and freedom from the other guys religion.


Gil, as stupid as ever !

RM Molon Labe

So….when do YOU leave?

Wild Bill

@Gil, are you implying some kind of argument? If so, spit it out!


@Bill,where do they come from ?

Wild Bill

Hey Tex how you been? Well… they are made by the thousands in universities, high schools, and elementary schools across the country. Hollywood has their own propaganda division. and CNN is busy making up fake news. Most distressing.


what does this EO have to do with the level of malanin in anyone’s skin, or the sort of faith or lack thereof pertinent to any given individual? You prove your idiocy every time you smack those plastic squares on your computer’s keyboard. Go as yer mommie to make you another tray of cookies, pour a warm glass of milk to go with them, and slink on down the stairs to your basement lair.


Hmmm….. Since religious terrorists are damnably-well NOT Episcopalians(!)… and Christians are not biblicly required to spread Christianity “by the sword”… is the concept of protecting this country (its laws, ethics, and societal structure) from non-Christian violence such a horribly bad idea?