No snark today. Just the Daily Bullshit, February 3-5, 2017 (updated 4x)

Updated for developments on Donald Trump’s Muslim ban.[1] And again for more.[2] And again.[3] And yet again, but this time for an article on an apparently forthcoming decision on calling a new referendum on Scottish independence.[4] and an article on how Trump’s order on sanctuary cities is being interpreted in Oregon.[5]


I have a new blog entry up, entitled, “Why should I care?


Unemployment

Lauren Weber, “The End of Employees,” Wall Street Journal, February 2, 2017, https://www.wsj.com/articles/the-end-of-employees-1486050443


Standing Rock

Sandy Tolan, “Supporters say Dakota Access pipeline is back on. Activists counter: See you in court,” Los Angeles Times, February 1, 2017, http://www.latimes.com/nation/la-na-dakota-access-20170201-story.html


H-1B Visas

Stephen Nellis and Mica Rosenberg, “Facebook vulnerable to expected changes in key visa program,” Reuters, February 3, 2017, http://www.reuters.com/article/us-facebook-immigration-idUSKBN15H2WY


Muslim Ban

The Ninth Circuit is famously liberal and famous for having for its decisions overturned by the U.S. Supreme Court. It apparently did not simply agree[6] with Jonathan Turley that the order, however unwise, is well within the president’s authority,[7] but “instead asked both the state of Washington and the Trump administration early Sunday to file more arguments by Monday afternoon.”[8] Even if the appeals court ultimately upholds the lower court decision, given the history between the Ninth Circuit and the Supreme Court, one might suspect that a further appeal to the latter might succeed. Of the latter possibility, Turley writes,

This is the worst procedural foundation for an appeal [to the Supreme Court] but, given the national security claims, it is not beyond the realm of possibility for the Administration to secure review.[9]

I suppose it’s worth noting that Turley is careful to note that “[n]one of this means that the challenges to the Executive Order are frivolous or that parts of the Executive Order could not be struck down.” He just believes “the weight of existing case law favors the Administration.”[10]

Laura Jarrett, Rene Marsh, and Laura Koran, “Homeland Security suspends travel ban,” CNN, February 4, 2017, http://www.cnn.com/2017/02/03/politics/federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/index.html

Jonathan Turley, “Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order,” February 4, 2017, https://jonathanturley.org/2017/02/04/108507/

Associated Press, “Court Denies Justice Department’s Request to Immediately Reinstate Trump Travel Ban,” Wall Street Journal, February 5, 2017, https://www.wsj.com/articles/court-denies-justice-departments-request-to-immediately-reinstate-trump-travel-ban-1486286937

Colin Dwyer, “Court Denies DOJ Request For Stay; Trump Immigration Order Remains Suspended,” National Public Radio, February 5, 2017, http://www.npr.org/sections/thetwo-way/2017/02/04/513415447/airlines-again-board-travelers-barred-by-travel-order-as-trump-vows-to-fight

Jonathan Turley, “Ninth Circuit Rejects Motion For Immediate Reinstatement Of Executive Order But Schedules Expedited Argument For Monday,” February 5, 2017, https://jonathanturley.org/2017/02/05/ninth-circuit-rejects-motion-for-immediate-reinstatement-of-executive-order-but-schedules-expedited-argument-for-monday/


Scottish Independence

Elisabeth O’Leary, “Scottish independence vote may be decided ‘within weeks’: Sturgeon ally,” Reuters, February 5, 2017, http://www.reuters.com/article/us-britain-scotland-idUSKBN15K0UA


Unauthorized migration

However, in 2014 Oregon sheriff’s were jolted to the realization that [complying with ICE (Immigration and Customs Enforcement) detainer requests] breaks civil and human rights because the ICE request was not actually lawful.

“In Columbia County, there was an individual convicted of a crime who fell in their county jail,” [Coos County Sheriff Craig Zanni] said. “The office received one of those ICE detainer requests, so they held the individual after their sentence was up, but ICE didn’t come and get them. The individual sued the county for unlawfully detaining them for $300,000 and won.”

During the lawsuit, ICE refused to support the sheriff’s department. . . .

“To be blunt, we were asked if we would honor a detainer request, and we said if it was signed by a magistrate we would. Their response was getting it signed is a lot of work. I said no, it’s not, we do it everyday for warrants. If one of my people arrested someone this afternoon, they take them to the jail and fill out a probable cause statement that will be reviewed by a judge in the morning. If there isn’t probable cause, that person goes out the door. That’s constitutional. We do it every day and I don’t know why on the federal level they think it’s such a big deal.”[11]

Jillian Ward, “Coos County, state of Oregon, make sanctuary status,” Coos Bay World, February 4, 2017, http://theworldlink.com/news/local/coos-county-state-of-oregon-make-sanctuary-status/article_89b296b1-5db0-557f-9a35-61aafc601671.html

  1. [1]Laura Jarrett, Rene Marsh, and Laura Koran, “Homeland Security suspends travel ban,” CNN, February 4, 2017, http://www.cnn.com/2017/02/03/politics/federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/index.html
  2. [2]Associated Press, “Court Denies Justice Department’s Request to Immediately Reinstate Trump Travel Ban,” Wall Street Journal, February 5, 2017, https://www.wsj.com/articles/court-denies-justice-departments-request-to-immediately-reinstate-trump-travel-ban-1486286937; Colin Dwyer, “Court Denies DOJ Request For Stay; Trump Immigration Order Remains Suspended,” National Public Radio, February 5, 2017, http://www.npr.org/sections/thetwo-way/2017/02/04/513415447/airlines-again-board-travelers-barred-by-travel-order-as-trump-vows-to-fight; Jonathan Turley, “Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order,” February 4, 2017, https://jonathanturley.org/2017/02/04/108507/
  3. [3]Jonathan Turley, “Ninth Circuit Rejects Motion For Immediate Reinstatement Of Executive Order But Schedules Expedited Argument For Monday,” February 5, 2017, https://jonathanturley.org/2017/02/05/ninth-circuit-rejects-motion-for-immediate-reinstatement-of-executive-order-but-schedules-expedited-argument-for-monday/
  4. [4]Elisabeth O’Leary, “Scottish independence vote may be decided ‘within weeks’: Sturgeon ally,” Reuters, February 5, 2017, http://www.reuters.com/article/us-britain-scotland-idUSKBN15K0UA
  5. [5]Jillian Ward, “Coos County, state of Oregon, make sanctuary status,” Coos Bay World, February 4, 2017, http://theworldlink.com/news/local/coos-county-state-of-oregon-make-sanctuary-status/article_89b296b1-5db0-557f-9a35-61aafc601671.html
  6. [6]Colin Dwyer, “Court Denies DOJ Request For Stay; Trump Immigration Order Remains Suspended,” National Public Radio, February 5, 2017, http://www.npr.org/sections/thetwo-way/2017/02/04/513415447/airlines-again-board-travelers-barred-by-travel-order-as-trump-vows-to-fight
  7. [7]Jonathan Turley, “Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order,” February 4, 2017, https://jonathanturley.org/2017/02/04/108507/
  8. [8]Associated Press, “Court Denies Justice Department’s Request to Immediately Reinstate Trump Travel Ban,” Wall Street Journal, February 5, 2017, https://www.wsj.com/articles/court-denies-justice-departments-request-to-immediately-reinstate-trump-travel-ban-1486286937
  9. [9]Jonathan Turley, “Ninth Circuit Rejects Motion For Immediate Reinstatement Of Executive Order But Schedules Expedited Argument For Monday,” February 5, 2017, https://jonathanturley.org/2017/02/05/ninth-circuit-rejects-motion-for-immediate-reinstatement-of-executive-order-but-schedules-expedited-argument-for-monday/
  10. [10]Jonathan Turley, “Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order,” February 4, 2017, https://jonathanturley.org/2017/02/04/108507/
  11. [11]Jillian Ward, “Coos County, state of Oregon, make sanctuary status,” Coos Bay World, February 4, 2017, http://theworldlink.com/news/local/coos-county-state-of-oregon-make-sanctuary-status/article_89b296b1-5db0-557f-9a35-61aafc601671.html

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