... initially, and they've changed position. Until they change the order — they can't just say it doesn't apply.
-
-
Clifton: You can't say you need more time, you brought the TRO. I don't think allegations cut it at this stage.
-
Canby: Who has burden here? / Purcell: DOJ, b/c they're seeking a stay.
-
Purcell: Again, standard should be mandamus std. Because in neither form nor substance nor intent was TRO supposed to be PI.
-
Purcell is saying the case should go back to dist ct to allow a full opinion, which could then be appealed.
-
Friedland: Would you have more evid at dist ct on standing or merits? / Purcell: Mainly standing, but not sure exactly where we'd end up.
-
Purcell raises the statutory claim — noting that would avoid constitutional issue. (1152) / Canby notes that would only address visa issue.
-
Purcell: DOJ says he's acting pursuant to congressional authority. We say it's contrary to congressional authority.
-
Clifton: There have been presidential orders singling out nations. / Purcell: Those were narrower. / Clifton: Principle, tho, is the same.
-
Purcell: There have not been cases. Every one of those examples were far more tailored. / Clifton: But, we do this all the time?!
-
Purcell: 1182 has exceptions — but not an above-the-board treatment like in this EO. ... The court can review, should review this order.
-
Flentje gets 5 minutes for rebuttal.
-
Flentje: Whatever Din says, it doesn't say we can look behind the 4 corners of the order.
-
Friedland: Are you relying on Din or not?! / Flentje: We are, but only for the limited review Din suggested.
-
Flentje: Cardenas (9th Cir) laid out broad restrictions the president could issue.
-
Friedland: What if the order said no Muslims? / Flentje: If that happened, there would be people w standing to challenge under Estab.
-
Friedland: Plaintiffs gave evidence that that was the motivation.
-
Flentje: We're not saying the case shouldn't proceed. We're just saying statements printed in some papers shouldn't form basis.
-
Clifton: Wait, are you saying Trump/Giuliani didn't say those things? / Flentje: No, I'm not. / Clifton: They might not weight a lot, but.
-
Flentje: "unwise course" to have the TRO based on what was given. Says there is more evidence they would present at dist ct, can't give it.
-
Flentje: Order "goes way beyond" what Washington claimed. / Clifton: That does raise a serious concern on my part.
-
Clifton: Any authority for the counsel to the president to have the authority to tell dep'ts what the EO means?
-
Flentje: One, the guidance from counsel is the "definitive" interp of the order, and counsel "speaks for" the president.
-
Flentje then lays out a more narrow order limited, effectively, to current and former residents of Washington.
-
Friedland: "This matter is submitted," says a decision will come as soon as possible.
-
COURT IS ADJOURNED.
-
FIRST UPDATE: Appeals Court Judges Skeptical Of Justice Department Arguments In Support Of Reinstating Banhttps://www.buzzfeed.com/chrisgeidner/appeals-court-to-consider-whether-trumps-ban-should-stay-on?utm_term=.crYgNmYlqR …
-
FULL WRITE THRU of tonight's 9th Circuit arguments over the TRO halting enforcement of Trump's ban, w/
@ZoeTillman:https://www.buzzfeed.com/chrisgeidner/appeals-court-to-consider-whether-trumps-ban-should-stay-on?utm_term=.nlaXzOM14N#.sn15a4X78G … -
Meanwhile, while that was going on:https://twitter.com/lawrencehurley/status/829102015523454978 …
-
Ninth Circuit reports that there were approx. 137,000 connections to tonight's audio livestream — not counting those through CNN's feed.pic.twitter.com/GNeiYkU7x6
-
Final update to this thread, our
@BuzzFeedNews story from the 9th Cir tonight: https://www.buzzfeed.com/chrisgeidner/appeals-court-to-consider-whether-trumps-ban-should-stay-on?utm_term=.we8k4OXLZ … / Thanx for watching along/RTing!
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.