In blow to Donald Trump, US judges reject travel ban

February 10, 2017

San Francisco, Feb 10: A federal appeals court refused Thursday to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations, unanimously rejecting the administration's claim of presidential authority, questioning its motives and concluding that the order was unlikely to survive legal challenges.

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The three judges of the San Francisco-based 9th US Circuit Court of Appeals said the argument that the ban targets Muslims raised “serious allegations” and presented “significant constitutional questions,” and they agreed that courts could consider statements by Trump and his advisers about wishing to enact such a ban.

Moments after the ruling, Trump tweeted, “See you in court,” adding that “the security of our nation is at stake!”

In response, Washington Gov. Jay Inslee, a Democrat who leads one of the states that challenged the ban, said: “Mr. President, we just saw you in court, and we beat you.”

The panel declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the US But it did not shy away from the larger constitutional questions raised by the order.

The judges sided with the states on every issue except for one technical matter. They rejected the administration's argument that courts did not have the authority to review the president's immigration and national security decisions. They said the administration failed to show that the order met constitutional requirements to provide notice or a hearing before restricting travel. And they said the administration presented no evidence that any foreigner from the seven countries was responsible for a terrorist attack in the US

“Despite the district court's and our own repeated invitations to explain the urgent need for the Executive Order to be placed immediately into effect, the Government submitted no evidence to rebut the States' argument that the district court's order merely returned the nation temporarily to the position it has occupied for many previous years,” the panel wrote.

The court battle is far from over. The lower court still must debate the merits of the ban, and an appeal to the US Supreme Court seems likely. That could put the decision in the hands of a divided court that has a vacancy. Trump's nominee, Neil Gorsuch, cannot be confirmed in time to take part in any consideration of the ban.

The appellate judges noted compelling public interests on both sides.

“On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination.”

The Justice Department said that it was “reviewing the decision and considering its options.” It's the first day on the job for new Attorney General Jeff Sessions, who was sworn in at the White House earlier Thursday by Vice President Mike Pence.

Last week, US District Judge James Robart in Seattle issued a temporary restraining order halting the ban after Washington state and Minnesota sued. The ban temporarily suspended the nation's refugee program and immigration from countries that have raised terrorism concerns.

Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.

The states said Trump's travel ban harmed individuals, businesses and universities. Citing Trump's campaign promise to stop Muslims from entering the US, they said the ban unconstitutionally blocked entry to people based on religion.

The appeals court sided with the administration on just one issue: the argument that the lower court's temporary restraining order could not be appealed. While under 9th Circuit precedent such orders are not typically reviewable, the panel ruled that due to the intense public interest at stake and the uncertainty of how long it would take to obtain a further ruling from the lower court, it was appropriate to consider the federal government's appeal.

Josh Blackman, a professor at South Texas College of Law in Houston, said the “million-dollar question” is whether the Trump administration would appeal to the Supreme Court.

That could run the risk of having only eight justices to hear the case, which could produce a tie and leave the lower-court ruling in place.

“There's a distinct risk in moving this too quickly,” Blackman said. “But we're not in a normal time, and Donald Trump is very rash. He may trump, pardon the figure of speech, the normal rule.”

Jessica Levinson, a professor at Loyola Law School, said the ruling was thoughtful and supported by a great deal of legal precedent. More important, though, it was unanimous despite the fact that the panel included judges appointed by Democratic and Republican presidents.

“It's a very important message that judges are not just politicians in robes and not just political hacks,” Levinson said. “The role of the judge is to transcend politics. That's why they're appointed for life, so they don't worry about what's popular. They worry about what's legally correct.”

After the ban was put on hold, the State Department quickly said people from the seven countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen – with valid visas could travel to the US The decision led to tearful reunions at airports around the country.

The ban was set to expire in 90 days, meaning it could run its course before the Supreme Court would take up the issue.

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News Network
March 25,2024

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A teenager who led over 100 people to safety during Friday’s terrorist attack at a Moscow concert hall, has been hailed as a hero. 15-year-old Islam Khalilov, who worked part-time in one of the cloakrooms at Crocus City, recounted the events of the tragic evening to the Ruptly video agency.

The concert venue situated just outside of Moscow was packed ahead of a performance by the Russian rock band Picnic, when a group of terrorists armed with assault rifles forced their way into the building. They fired indiscriminately at fleeing people and then set the concert hall on fire.

According to the latest estimates, the attack has claimed the lives of at least 137 people, with about 180 injured.

Khalilov told the video agency that “it was when people started running from the escalator, from the stairway” that he realized that an emergency was occurring. The teenager said that he was acting on “instincts” at the time and used his thorough knowledge of the premises to quickly arrange visitors’ evacuation toward another building within the Crocus City complex.

“I started shouting all across the foyer, all across Crocus City Hall - ‘Folks, there’s a shooting! All run to the expo!’ – and I was showing where they had to go and was helping everyone,” he explained.

According to the cloakroom attendant, “there was a stampede, and everyone was in shock at first. No one knew what to do and where to go.”

Khalilov added that he himself was running behind the entire group to make sure he had not left anyone behind.

The teenager admitted to being “really scared” all along, but still managed to make the right use the instructions he’d previously been given on how to evacuate patrons in case of an emergency.

He told Ruptly that, at one point, he had caught a glimpse of one of the terrorists.

“I saw one, [he was] bearded and in green fatigues, he was walking around with an assault rifle,” the teenager recounted.

He also recalled seeing a man getting fatally shot by one of the assailants, adding that he “can’t stop thinking about it.”

The 15-year-old said he doesn’t consider himself a hero, and that he was just doing his job.

Explaining what helped him overcome fear, Khalilov reasoned that “It’s better to sacrifice yourself than to let a hundred people die.”

After Khalilov’s feat had been reported-on by several Russian media outlets, his favorite football club, FC Spartak Moscow, invited him to a meeting where he was presented with free passes to their matches.

Popular Russian rap artist Morgenstern said he had transferred 1,000,000 rubles ($11,000) to the teenager – something that Khalilov has confirmed to media.

The leader of Russia's Muslims, Mufti Ravil Guynutdin, has announced that Khalilov would receive a medal for his bravery.

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News Network
March 16,2024

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Ottawa, Mar 16: An Indian-origin couple and their teenage daughter were killed in a "suspicious" fire which tore through their home last week in Canada's Ontario province, police said on Friday.

A fire engulfed a home at the Big Sky Way and Van Kirk Drive area of Brampton on March 7, a press release by the Peel Police said.

After the blaze was put out, investigators located what was believed to be human remains within the gutted house, but the number of people killed couldn't be ascertained at the time.

The charred remains were on Friday identified as those of three family members: 51-year-old Rajiv Warikoo; his wife, 47-year-old Shilpa Kotha; and their 16-year-old daughter, Mahek Warikoo.

Police said that they resided at the address before the fire.

Peel police Constable Taryn Young on Friday said the fire had been deemed suspicious, the CTV news channel reported.

"At this time, we are investigating this with our homicide bureau, and we are deeming this as suspicious as the Ontario Fire Marshal has deemed that this fire was not accidental," the report quoted Young as saying.

"There's not much left to it," Young said when asked about the possible cause of the fire.

"Looking into something like that as a fire marshal, I'm sure it's very tough when there is not much left to look at. But we are exhausting all avenues," she said.

The deceased family's neighbour, Kenneth Yousaf, said that the family had lived on the street for about 15 years, and he never noticed any problems with them.

Yousaf said he was alerted to the fire last week by a family member, who heard a big "bang." "When we came out, the house was on fire. So sad. Within a few hours, everything was down to the ground," the report quoted Yousaf as saying.

In a press release, police said they are continuing to investigate the deaths of the three family members and urged anyone with information to come forward.

"The circumstances surrounding the house fire remains the focus of an active investigation, and anyone with information or video footage (dashcam or otherwise) is urged to contact Homicide detectives," police said.

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News Network
March 28,2024

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Russia says it is "extremely hard to believe" that Daesh could have staged the recent hugely deadly attack on a Moscow concert hall that the country's intelligence and security officials have blamed on Ukraine and its Western backers.

Four gunmen burst into the Russian capital's Crocus City Hall on Friday and began shooting at the people, who were attending an event. The Takfiri terrorist group has allegedly claimed responsibility for the massacre that killed at least 143.

Speaking on Wednesday, however, Russian foreign ministry spokeswoman Maria Zakharova cast that claim into serious doubt.

"In order to ward off suspicions from the collective West, they urgently needed to come up with something, so they resorted to ISIS (Daesh), pulled an ace out of their sleeve, and literally a few hours after the terrorist attack, the Anglo-Saxon media began disseminating precisely these versions," she said.

The chief of the Russian internal intelligence (FSB), Alexander Bortnikov has suggested that not only Ukraine, but also the United States and Britain might have been behind the shooting.

The Russian Federal Security Service has also said the gunmen planned to travel to Ukraine, where they were to be welcomed as "heroes." The FSB said Western intelligence services aided the attackers.

Russian President Vladimir Putin has also suggested that Ukraine stood to derive benefit from the attack and that Kiev might have played a role.

He has said that someone on the Ukrainian side had prepared a "window" for the gunmen to escape across the border before they were captured in western Russia on Friday night.

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