NEW YORK (CBSNewYork/AP) — Attorneys for the Trump administration are fighting to reinstate the president’s travel ban.
As CBS2’s Tony Aiello reported, attorneys for the Department of Justice filed papers on Monday, and will argue in court Tuesday that the restrictions on travel and immigration involving seven majority-Muslim countries are legal and proper.
A three-judge panel in San Francisco hears the case on Tuesday – with two judges appointed by Democrats and one appointed by a Republican.
They are expected to issue a ruling before the week is out.
President Donald trump said the security of the homeland is at stake and the executive order must be reinstated.
A week after Trump issued his executive order instituting the travel ban, a federal judge appointed by President George W. Bush blocked it. The Seattle judge’s ruling put a hold on the ban nationwide, as the judge ruled that travelers from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen, and all refugees from across the globe, faced “immediate and irreparable injury.”
Attorneys fighting the executive order said in court papers, “President Trump unleashed chaos by signing the executive order.” The attorneys also claimed an “anti-Muslim intent” that is unconstitutional.
But Trump administration lawyers said courts should not be “second-guessing a formal national security judgment made by the president.”
“He has broad discretion to do what is in the nation’s best interest to protect our people, and we feel very confident that we will prevail in this matter,” said White House Press Secretary Sean Spicer.
Trump himself added, “As president, I have no higher duty than to protect the American people.”
Trump has harshly criticized the legal maneuvers, tweeting Saturday about the “so-called judge” who ruled against the order.
He wrote, “If something happens, blame him and the court system.”
On Monday, the president of the American Bar Association fired back.
“Personal attacks on judges are attacks on our constitution,” said ABA President Linda Klein. “Let us be clear. The independence of our judiciary is not up for negotiation.”
The hearing on Tuesday will be live-streamed on the internet. No matter how the three judges rule, the losing side is likely to appeal all the way to the U.S. Supreme Court.
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