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Brooks Calls 9th Circuit Court of Appeals the Most Error-Prone and Reversed Circuit Court of Appeal

By Brandon Moseley

Friday, February 10, 2017 U.S. Representative Mo Brooks (R from Huntsville) announced that he was disappointed with the United States 9th Circuit Court of Appeals ruling against President Donald J. Trump’s immigration Executive Order.

Congressman Brooks said, “I am disappointed the 9th Circuit Court, often the most error-prone and reversed circuit court of appeal, ruled against President Donald Trump’s Executive Order to temporarily restrict travel into the United States from countries designated as terrorist-infested by the previous Obama Administration. Unfortunately, the 9th Circuit regularly hands down politically leftist, activist decisions. Fortunately, their politically motivated orders are frequently reversed by the Supreme Court. Unfortunately, American lives are at risk until this unfounded and reckless order is reversed by the Supreme Court.”

Rep. Brooks continued, “The law and the Constitution are clear. The United States code, 8 U.S. Code § 1182, states, ‘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.’ Further, Article II of the Constitution gives the President broad, sweeping discretion in matters that involve international affairs and defense of America. A first year law student would have no trouble reading the law and quickly finding that President Trump has every legal right to protect Americans by issuing this national security Executive Order.”

Rep. Brooks concluded, “Most importantly, the 9th Circuit Court of Appeals’ order unnecessarily risks American lives and threatens the security of the United States. President Trump has learned from the murders and terrorist attacks by so-called refugees in Europe. Apparently Democrat Congressmen, Senators and judges insist on the murder of Americans before they will recognize that the terrorist threat is real. For emphasis, the seven countries listed in the temporary order were identified by the Obama Administration as risks to American lives. It is common-sense to temporarily pause travel from terrorist-infested foreign countries until America’s refugee review process is strengthened to better protect Americans from the violence, murder, and mayhem that has become all too common in Europe, the Middle-East, and other parts of the globe.”

The San Francisco-based 9th Circuit Court of Appeals ruled unanimously that a nationwide restraining order against President Trump’s temporary travel ban may continue while a federal judge considers a lawsuit over the policy, and it forcefully asserted the judiciary’s independent authority to act as a check on executive power.

The Court ruled, “We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”

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The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter; Richard R. Clifton; and Michelle T. Friedland.

The court said the administration failed to provide any evidence that an immigrant from any of the seven countries named in Pres Trump’s order had actually carried out a terrorist attack in the United States.

President Trump is expected to craft a new executive order to accomplish many of the same objectives. National Security Advisor retired U.S. Army Lieutenant General Michael Flynn who helped craft the first executive order resigned on Monday.

Congressman Mo Brooks represents Alabama’s Fifth Congressional District.

(Original reporting by ‘The Hill’s Melanie Zanona and Katie Bo Williams contributed to this report)

Brandon Moseley is a former reporter at the Alabama Political Reporter.

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