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Honorable Judge Michael Hawkins, Ronald Gould and Richard Paez,
I respectfully urge you to reverse the district court’s order in State of Hawaii, et al v. Donald Trump, et al.
US District Judge Derrick K. Watson issued an order that halted enforcement of the travel ban on the erroneous basis that it likely violates the Establishment Clause of the First Amendment because it allegedly discriminates against Muslims.
The ACLU lawyer in the Maryland travel ban case admitted that the executive order would be constitutional if a different president had ordered it. Fourth US Circuit Court Judge Paul V. Niemeyer questioned the plaintiffs' attorney, Omar Jadwat, in the Maryland case about his motive for opposing the ban. Judge Niemeyer asked "If some other candidate had won the election and issued this order, I gather you would have no problem with that." Then Judge Niemeyer stated and asked Jadwat “We have an order on its face. We can read this order and we have no antecedent statements by a candidate about this order. We have a candidate who won the presidency — some candidate other than President Trump won the presidency — and then chose to issue this particular order with whatever counsel he took. … He issued this executive order. Do I understand that just in that circumstance the executive order should be honored?” Jadwat had already twice refused to answer the question, but when the judge offered such a comprehensive hypothetical, he admitted: “Yes, your honor, I think in that case it could be constitutional.”
Judge Watson’s order:
• Failed to recognize the president’s statutory authority to execute the ban pursuant to Sections 1182(f) and 1185(a) of Title 8.
• Failed to consider the travel ban addressed only six of forty-nine (12%) Muslim majority countries. Pew Research reported on January 31, 2017 there are forty-nine Muslim majority countries. http://www.pewresearch.org/fact-tank/2017/01/31/worlds-muslim-population-more-widespread-than-you-might-think/
• Ignored the fact that the travel ban applied equally to all nationalities and religions from the six designated countries.
• Failed to recognize that for the past 30 years, every President has invoked that power to protect the Nation by suspending entry of categories of aliens.
• Is unprecedented in that it restrains an executive order by the President of the United States because of statements that he made as a private citizen before he swore an oath to support and defend the Constitution.
• Strongly appears to place a priority on politics instead of justice.
Judge Watson’s order perpetuates a dangerous myth that President Trump’s travel ban is a “Muslim Ban.” What other federal laws will be unenforceable against Muslims if the U.S. Courts erroneously rule that President Trump and his administration are biased against Muslims?
Please make our national security a priority over politics and our public safety a priority over political correctness. Please reverse the district court’s order in State of Hawaii, et al v. Donald Trump, et al.
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