Judges hammer attorneys on both sides of travel ban case

February 8, 2017

San Francisco, Feb 8: President Donald Trump's travel ban faced its toughest test as a panel of appeals court judges hammered away at the government's arguments that the ban was motivated by terrorism fears but also directed pointed questions to an attorney who claimed it unconstitutionally targeted Muslims.

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The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals yesterday focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds.

But the judges also jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.

The hearing was conducted by phone an unusual step and broadcast live from the court's website to a record audience. Judge Richard Clifton, a George W Bush nominee, asked an attorney representing Washington state and Minnesota, which are challenging the ban, what evidence he had that the ban was motivated by religion.

"I have trouble understanding why we're supposed to infer religious animus when in fact the vast majority of Muslims would not be affected." Only 15 per cent of the world's Muslims were affected, the judge said, citing his own calculations. He added that the "concern for terrorism from those connected to radical Islamic sects is hard to deny."

Noah Purcell, Washington state's solicitor general, cited public statements by Trump calling for a ban on the entry of Muslims to the US. He said the states did not have to show every Muslim is harmed, only that the ban was motivated by religious discrimination.

Clifton also went after the government's attorney, asking whether he denied statements by Trump and former New York City Mayor Rudolph Giuliani, who said recently that Trump asked him to create a plan for a Muslim ban.

"We're not saying the case shouldn't proceed, but we are saying that it is extraordinary for a court to enjoin the president's national security decision based on some newspaper articles," said August Flentje, who argued the case for the Justice Department.

Under questioning from Clifton, Flentje did not dispute that Trump and Giuliani made the statements. Judge Michelle T Friedland, who was appointed by President Barack Obama, asked whether the government has any evidence connecting the seven nations to terrorism.

Flentje told the judges that the case was moving fast and the government had not yet included evidence to support the ban. Flentje cited a number of Somalis in the U.S. who, he said, had been connected to the al-Shabab terrorist group.

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Skazi
 - 
Wednesday, 8 Feb 2017

Judges should hammer on the head of racist TRUMP....

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News Network
May 18,2024

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In a humanitarian move, Spain has refused entry to a ship carrying arms from India’s Chennai to Israel to dock at one of its ports, its Foreign Minister José Manuel Albares has said.

The Denmark-flagged cargo ship Marianne Danica sailed from Chennai on April 8 when people in Gaza were observing Ramadan fasting, and was headed to the port of Haifa in Israel, according to maritime tracking portals and Spanish media.

Spain has been extremely critical of the rising civilian casualties due to the Israeli offensive in Gaza and, along with Belgium, has suspended arms exports licenses to Tel Aviv. 

Spokesperson of the Ministry of External Affairs Randhir Jaiswal, at the weekly press conference, only said that they have seen the report of the ship and will revert with more information.

Meanwhile, a source said, “Investigation will reveal if the items on board were cleared for export and if the end user is the same as reported by The Guardian because there are items that are not banned for exports.”

Speaking to reporters in Brussels on Thursday on the issue, Mr. Albares had said, “This is the first time we have done this because it is the first time we have detected a ship carrying a shipment of arms to Israel that wants to call at a Spanish port.”

“This will be a consistent policy with any ship carrying arms to Israel that wants to call at Spanish ports. The Foreign Ministry will systematically reject such stopovers for one obvious reason: the Middle East does not need more weapons, it needs more peace,” he stated.

The ship was carrying 27 tonnes of explosives according to local reports. It was to make a port call at Cartegena in Spain.
In February, Mr. Albares said that they had suspended arms export licences to Israel since October 7, which he said made them “realise” the importance of a “fair and lasting solution” to the Palestinian cause.

The incident comes amid an ongoing row between Spanish Prime Minister Pedro Sánchez’s party and his coalition partners over another ship, Borkum, that was due to dock at Cartegena port on Friday over allegations that it was carrying arms meant for Israel. However, the Spanish government has said that the arms it is ferrying are meant for the Czech Republic.

Belgium had suspended two arms export licences to Israel.

“We welcome the decision of the Spanish government to deny the transit authorisation of the vessel Marianne Danica, in accordance with Tratado (treaty) on Arms Trade and Spanish law,” Amnesty International Spain said on social media platform ‘X’.

The timing also coincides with the Israeli ground offensive inside Rafah. According to the UN Agency for Palestinian Refugees (UNRWA) at least 6,30,000 Palestinians have been forced out of Rafah since the launch of the incursion on May 7.

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News Network
May 5,2024

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Iran has urged Muslim countries to cut all relations with the Israeli regime as means of pressuring Tel Aviv to end its ongoing genocidal war on the Gaza Strip.

Foreign Minister Hossein Amir-Abdollahian made the remarks on Saturday, addressing the 15th Heads of State and Government Summit of the Organization of Islamic Cooperation (OIC) in Gambia’s capital Banjul.

“Beyond doubt, this time period will also pass by, despite all its hardships and adversities for the Palestinian nation,” he said.

“However, the manner and quality of the role that is played by us, Muslim states, in the face of this crisis will go down in history,” the top diplomat added.

“Undoubtedly, severance of diplomatic and economic ties and [imposition of] practical arms and trade embargo [on Israel] serves as an important means of cessation of its genocide in Gaza and atrocities in the West Bank and the Noble al-Quds.”

At least 34,654 people have died in Gaza since October 7, when the Israeli regime began the war in response to al-Aqsa Storm, a retaliatory operation by the coastal sliver’s resistance groups.

Despite the unabated campaign of bloodshed and destruction, the regime has so far fallen short of realizing its goals, including defeating Gaza’s resistance, causing forced displacement of the territory’s entire population to neighboring Egypt, and enabling the release of those who were taken captive during al-Aqsa Storm.

Amir-Abdollahian said Gaza’s developments proved that elimination of the Palestinian resistance “was nothing but an illusion.”

“Because the Israeli regime is not a legitimate government. It is only an occupying apartheid power,” he said, adding, “Passage of time is not going to lend legitimacy to an occupying power.”

The foreign minister asserted that realization of sustainable peace and security in the region was only possible through cessation of the regime’s occupation of Palestine, Syria, and Lebanon, return of the Palestinian refugees to their homeland, and manifestation of Palestinians’ right to self-determination.

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News Network
May 5,2024

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London: London's Labour mayor Sadiq Khan on Saturday secured a record third term, as the party swept a host of mayoral races and local elections to trounce the ruling Conservatives just months before an expected general election.

Khan, 53, beat Tory challenger Susan Hall by 11 points to scupper largely forlorn Tory hopes that they could prise the UK capital away from Labour for the first time since 2016.

The first Muslim mayor of a Western capital when initially elected then, he had been widely expected to win as the opposition party surges nationally and the Tories struggle to revive their fortunes.

Hours later in the West Midlands, Conservative mayor Andy Street -- bidding for his own third term -- unexpectedly lost to Labour's Richard Parker, dealing a hammer blow to Prime Minister Rishi Sunak.

That narrow loss left the beleaguered leader with only one notable success in Thursday's votes across England, after Tory mayor Ben Houchen won in Tees Valley, northeast England -- albeit with a vastly reduced majority.

In a dismal set of results, Sunak's party finished a humiliating third in local council tallies after losing nearly 500 seats.

"People across the country have had enough of Conservative chaos and decline and voted for change with Labour," its leader Keir Starmer said shortly after confirmation of Parker's victory.

He called the result "phenomenal" and "beyond our expectations".

Writing earlier in Saturday's Daily Telegraph, Sunak had conceded "voters are frustrated" but tried to argue Labour was "not winning in places they admit they need for a majority".

"We Conservatives have everything to fight for," Sunak insisted.

'Spirit and values'

Labour, out of power since 2010 and trounced by Boris Johnson's Conservatives at the last general election in 2019, also emphatically snatched a parliamentary seat from the Tories.

Starmer has seized on winning the Blackpool South constituency and other successes to demand a general election.

Sunak must order a national vote be held by January 28 next year at the latest, and has said he is planning on a poll in the second half of 2024.

Labour has enjoyed double-digit poll leads for all of his 18 months in charge, as previous Tory scandals, a cost-of-living crisis and various other issues dent his party's standing.
On Thursday, it was defending nearly 1,000 council seats, many secured in 2021 when it led nationwide polls before the implosion of Johnson's premiership and his successor Liz Truss's disastrous 49-day tenure.

In the end, they lost close to half and finished third behind the smaller centrist opposition Liberal Democrats.

Meanwhile Labour swept crunch mayoral races across England, from Yorkshire, Manchester and Liverpool in the north to contests across the Midlands.

In London, Khan netted 44 percent of the vote and saw his margin of victory increase compared to the last contest in 2021.

"It's truly an honour to be re-elected for a third term," he told supporters, accusing his Tory opponent of "fearmongering".

"We ran a campaign that was in keeping with the spirit and values of this great city, a city that regards our diversity not as a weakness, but as an almighty strength -- and one that rejects right hard-wing populism," he added.

'Change course'

If replicated in a nationwide contest, the council tallies suggested Labour would win 34 percent of the vote, with the Tories trailing by nine points, according to the BBC.

Sky News' projection for a general election using the results predicted Labour will be the largest party but short of an overall majority.

Speculation has been rife in Westminster that restive Tory lawmakers could use dire local election results to try to replace Sunak.

Despite the returns being at the worst end of estimates, that prospect has not so far materialised.

Ex-interior minister and Sunak critic Suella Braverman warned in the Sunday Telegraph that Sunak's plan "is not working and he needs to change course", urging a more muscular conservatism.

But she cautioned against trying to replace him, warning "changing leader now won't work: the time to do so came and went".

Meanwhile, polling expert John Curtice assessed there were some concerning signs for Labour, which lost control of one local authority and some councillors elsewhere reportedly over its stance on the Israel-Hamas war.

"These were more elections in which the impetus to defeat the Conservatives was greater than the level of enthusiasm for Labour," Curtice noted in the i newspaper.

"Electorally, it is still far from clear that Sir Keir Starmer is the heir to (Tony) Blair."

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