Incidentally, the livestream for the 9th circuit hearing in State of Washington v. Trump is here: http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010884 …
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The stream is now live but the hearing hasn't started yet. I will livetweet, though I have to confess, I have not read all the briefs.
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I don't know these judges' voices so I can't identify speakers, unless Friedland is speaking. Canby & Clifton are just 2 dudes to me
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Oh they have the judge names on the screen!
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9th Circuit BEST CIRCUIT
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August Flentje now representing the US govt (DOJ, e.g., Trump)
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Flentje: Executive order is well within the president's power.
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Order was based on evidence there was need to better review foreign nationals applying to enter
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First interruption by Judge Canby, who doesn't even want to get to the merits
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Friedland: Do you even have any evidence for the reasons behind this EO?
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Flentje: Numerous foreign-born residents have been convicted in crimes since September 11
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Flentje: Order creates a pause so that the screening process can be immediately
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Friedland: Has the government pointed to any evidence connecting these govts to terrorism?
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Jesus Christ the burns are coming so fast that I can't livetweet fast enough
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Clifton: It’s not like there haven’t been processes in place.
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Canby says that there's no evidence of terrorists in America coming from countries named in the ban.
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Flentje brings up al Shabab (?) attacks linked with Somalia. Friedland practically shouts, "IS THAT IN THE REOCRD?"
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Flentje: These proceedings have been moving quite fast but Friedland: YOU'RE THE ONES WHO APPEALED TO US
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This is going extremely Not Well for the government
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Flentje says that excluding aliens is a fundamental power that lies with the president and Congress, and there's limited review
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This is their strongest argument and he's stammering over it because things are going so badly
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They're trying to stick to the standing argument but their standing argument is garbage (not that anyone cares)
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Canby pushing back on the government's standing argument. Basically, govt says states can't bring this case on behalf of people.
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Govt pushes on the state's parens patriae theory (the state representing its people)
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and Friedland interrupts saying the state is also asserting their own interests (unviersities, etc)
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Clifton is now being very mean about the specifics of the cases being cited.
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holy shit this long silence
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holy goddamn the government is going down in flames
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Clifton agrees that the state can't have a parens patriae interest, actually, but he still seems to think the state has standing
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Bud, you should have never brought up standing. You're getting destroyed.
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I've never seen a standing argument go so badly for the government
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