US judge temporarily blocks Trump's travel ban nationwide

February 4, 2017

Seattle, Feb 4: A U.S. judge on Friday temporarily blocked President Donald Trump's ban on travelers and immigrants from seven predominantly Muslim countries, siding with two states that urged a nationwide hold on the executive order that has launched legal battles across the country.

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U.S. District Judge James Robart in Seattle ruled that Washington state and Minnesota had standing to challenge Trump's order, which government lawyers disputed, and said they showed their case was likely to succeed.

“The state has met its burden in demonstrating immediate and irreparable injury,” Robart said.

Trump's order last week sparked protests nationwide and confusion at airports as some travelers were detained. The White House has argued that it will make the country safer.

It wasn't immediately clear what happens next for people who had waited years to receive visas to come to America. The Department of Homeland Security wouldn't comment, but the State Department had previously ordered visas from the seven countries revoked.

Washington became the first state to sue over the order that temporarily bans travel for people from Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen and suspends the U.S. refugee programme.

State Attorney General Bob Ferguson said the travel ban significantly harms residents and effectively mandates discrimination. Minnesota joined the lawsuit two days later.

After the ruling, Mr. Ferguson said people from the affected countries can now apply for entry to the U.S.

“Judge Robart's decision, effective immediately ... puts a halt to President Trump's unconstitutional and unlawful executive order,” Mr. Ferguson said. “The law is a powerful thing it has the ability to hold everybody accountable to it, and that includes the President of the United States.”

Gillian M. Christensen, a spokeswoman for the Department of Homeland Security, said the agency doesn't comment on pending litigation. The judge's ruling could be appealed the 9th U.S. Circuit Court of Appeals.

Federal attorneys had argued that Congress gave the President authority to make decisions on national security and immigrant entry.

The two states won a temporary restraining order while the court considers the lawsuit, which aims to permanently block Trump's order. Court challenges have been filed nationwide from states and advocacy groups.

In court, Washington Solicitor General Noah Purcell said the focus of the state's legal challenge was the way the President's order targeted Islam.

Mr. Trump has called for a ban on Muslims entering the country, and the travel ban was an effort to make good on that campaign promise, Ms. Purcell told the judge.

“Do you see a distinction between campaign statements and the executive order,” Judge Robart asked. “I think it's a bit of a reach to say the President is anti-Muslim based on what he said in New Hampshire in June.”

Ms. Purcell said there was an “overwhelming amount of evidence” to show that the order was directed at the Muslim religion, which is unconstitutional.

When the judge questioned the federal government's lawyer, Michelle Bennett, he repeatedly questioned the rationale behind the order.

Judge Robart, who was appointed the federal bench by President George W. Bush, asked if there had been any terrorist attacks by people from the seven counties listed in Mr. Trump's order since 9/11. Bennett said she didn't know.

“The answer is none,” Judge Robart said. “You're here arguing we have to protect from these individuals from these countries, and there's no support for that.”

Ms. Bennett argued that the states can't sue on behalf of citizens and the states have failed to show the order is causing irreparable harm.

Judge Robart disagreed.

“The state has met its burden of demonstrating immediate and irreparable injury,” he said. “I find the TRO is in the public interest.”

Up to 60,000 foreigners from the seven majority-Muslim countries had their visas canceled because of the executive order, the State Department said on Friday.

That figure contradicts a statement from a Justice Department lawyer on the same day during a court hearing in Virginia about the ban. The lawyer in that case said about 100,000 visas had been revoked.

The State Department clarified that the higher figure includes diplomatic and other visas that were actually exempted from the travel ban, as well as expired visas.

Mr. Ferguson, a Democrat, said the order is harming Washington residents, businesses and its education system.

Washington-based businesses Amazon, Expedia and Microsoft support the state's efforts to stop the order. They say it's hurting their operations, too.

Lawyers for Washington state said another hearing was expected in the next few weeks.

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News Network
April 11,2024

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Real estate tycoon Truong My Lan was sentenced Thursday to death by a court in Ho Chi Minh city in southern Vietnam in the country's largest financial fraud case ever, state media Thanh Nien said.

It's a rare verdict - she is one of very few women in Vietnam to be sentenced to death for a white collar crime, i.e. looting one of the country's largest banks over a period of 11 years.

The decision is a reflection of the dizzying scale of the fraud. Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank. The verdict requires her to return $27bn, a sum prosecutors said may never be recovered. Some believe the death penalty is the court's way of trying to encourage her to return some of the missing billions.

The habitually secretive communist authorities were uncharacteristically forthright about this case, going into minute detail for the media. They said 2,700 people were summoned to testify, while 10 state prosecutors and around 200 lawyers were involved.

The evidence was in 104 boxes weighing a total of six tonnes. Eighty-five defendants were tried with Truong My Lan, who denied the charges.

"There has never been a show trial like this, I think, in the communist era," says David Brown, a retired US state department official with long experience in Vietnam. "There has certainly been nothing on this scale."

The trial was the most dramatic chapter so far in the "Blazing Furnaces" anti-corruption campaign led by the Communist Party Secretary-General, Nguyen Phu Trong.

A conservative ideologue steeped in Marxist theory, Nguyen Phu Trong believes that popular anger over untamed corruption poses an existential threat to the Communist Party's monopoly on power. He began the campaign in earnest in 2016 after out-manoeuvring the then pro-business prime minister to retain the top job in the party.

 The campaign has seen two presidents and two deputy prime ministers forced to resign, and hundreds of officials disciplined or jailed. Now one of the country's richest women has joined their ranks.

Truong My Lan comes from a Sino-Vietnamese family in Ho Chi Minh City, formerly Saigon. It has long been the commercial engine of the Vietnamese economy, dating well back to its days as the anti-communist capital of South Vietnam, with a large, ethnic Chinese community.

She started as a market stall vendor, selling cosmetics with her mother, but began buying land and property after the Communist Party ushered in a period of economic reform, known as Doi Moi, in 1986. By the 1990s, she owned a large portfolio of hotels and restaurants.

Although Vietnam is best known outside the country for its fast-growing manufacturing sector, as an alternative supply chain to China, most wealthy Vietnamese made their money developing and speculating in property.

All land is officially state-owned. Getting access to it often relies on personal relationships with state officials. Corruption escalated as the economy grew, and became endemic.

By 2011, Truong My Lan was a well-known business figure in Ho Chi Minh City, and she was allowed to arrange the merger of three smaller, cash-strapped banks into a larger entity: Saigon Commercial Bank.

Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.

They accused her of using that power to appoint her own people as managers, and then ordering them to approve hundreds of loans to the network of shell companies she controlled.

The amounts taken out are staggering. Her loans made up 93% of all the bank's lending.

According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement.

That much cash, even if all of it was in Vietnam's largest denomination banknotes, would weigh two tonnes.

She was also accused of bribing generously to ensure her loans were never scrutinised. One of those who was tried used to be a chief inspector at the central bank, who was accused of accepting a $5m bribe.

The mass of officially sanctioned publicity about the case channelled public anger over corruption against Truong My Lan, whose fatigued, unmade-up appearance in court was in stark contrast to the glamorous publicity photos people had seen of her in the past.

But questions are also being asked about why she was able to keep on with the alleged fraud for so long.

"I am puzzled," says Le Hong Hiep who runs the Vietnam Studies Programme at the ISEAS - Yusof Ishak Institute in Singapore.

"Because it wasn't a secret. It was well known in the market that Truong My Lan and her Van Thinh Phat group were using SCB as their own piggy bank to fund the mass acquisition of real estate in the most prime locations.

"It was obvious that she had to get the money from somewhere. But then it is such a common practice. SCB is not the only bank that is used like this. So perhaps the government lost sight because there are so many similar cases in the market."

David Brown believes she was protected by powerful figures who have dominated business and politics in Ho Chi Minh City for decades. And he sees a bigger factor in play in the way this trial is being run: a bid to reassert the authority of the Communist Party over the free-wheeling business culture of the south.

"What Nguyen Phu Trong and his allies in the party are trying to do is to regain control of Saigon, or at least stop it from slipping away.

"Up until 2016 the party in Hanoi pretty much let this Sino-Vietnamese mafia run the place. They would make all the right noises that local communist leaders are supposed to make, but at the same time they were milking the city for a substantial cut of the money that was being made down there."

At 79 years old, party chief Nguyen Phu Trong is in shaky health, and will almost certainly have to retire at the next Communist Party Congress in 2026, when new leaders will be chosen.

He has been one of the longest-serving and most consequential secretary-generals, restoring the authority of the party's conservative wing to a level not seen since the reforms of the 1980s. He clearly does not want to risk permitting enough openness to undermine the party's hold on political power.

But he is trapped in a contradiction. Under his leadership the party has set an ambitious goal of reaching rich country status by 2045, with a technology and knowledge-based economy. This is what is driving the ever-closer partnership with the United States.

Yet faster growth in Vietnam almost inevitably means more corruption. Fight corruption too much, and you risk extinguishing a lot of economic activity. Already there are complaints that bureaucracy has slowed down, as officials shy away from decisions which might implicate them in a corruption case.

"That's the paradox," says Le Hong Hiep. "Their growth model has been reliant on corrupt practices for so long. Corruption has been the grease that that kept the machinery working. If they stop the grease, things may not work any more."

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