Today’s Travel Ban News (Updated)

If you’re confused about what’s going on with the travel ban, here is the latest — As you no doubt heard, on Friday a federal judge issued a nationwide temporary restraining order blocking Trump’s executive action. The Justice Department appealed, but early Sunday an appeals court refused to reinstate the ban.

However, ABC News says, “the court still has to rule on the department’s request to place an emergency stay on the judge’s order to allow the government to resume enforcing the ban.” The Sunday ruling was a temporary thing. The appeals court, which sits in San Francisco, asked for additional briefs, which are supposed to be filed this afternoon.

CNN reports,

The judges who will hear the case — most likely conferring by telephone — are expected to issue a ruling as early as Tuesday. The three-judge panel includes Judge William C. Canby Jr, an appointee of President Jimmy Carter, Judge Michelle T. Friedland, who was appointed by President Barack Obama, and Judge Richard R. Clifton, an appointee of President George W. Bush. It is likely that they will make their decisions based on the legal briefs they receive and not ask for a hearing.

Among the many persons and entities filing briefs with the court are two former secretaries of state, John Kerry and Madeleine Albright. Their brief was joined by two Obama Administration officials, National Security Adviser Susan Rice and Leon E. Panetta, who served as secretary of defense and head of the C.I.A. The New York Times says of the brief,

With President Trump’s executive order, “we risk placing our military efforts at risk by sending an insulting message” to Iraqis working with American forces battling the Islamic State there, the legal filing to the court said. “The order will likely feed the recruitment narrative of ISIL and other extremists that portray the United States as at war with Islam,” it said, using another name for the Islamic State, also known as ISIS.

However the three-judge panel rules, the case will probably end up being decided by the Supreme Court, just about everybody says. This could be drawn out for weeks.

If the Trumpettes had any sense they’d let this one go; several polls say the public is against the travel ban. This is a war they would lose by winning.

However, I think we’re all clear by now that the Trumpettes have no sense. Glenn Thrush and Maggie Haberman report for the New York Times that this administration is not exactly a well-oiled machine:

Aides confer in the dark because they cannot figure out how to operate the light switches in the cabinet room. Visitors conclude their meetings and then wander around, testing doorknobs until finding one that leads to an exit. In a darkened, mostly empty West Wing, Mr. Trump’s provocative chief strategist, Stephen K. Bannon, finishes another 16-hour day planning new lines of attack.

Trump is working with “a surprisingly small crew of no more than a half-dozen empowered aides with virtually no familiarity with the workings of the White House or federal government,” Thrush and Haberman say.

We also learn from the article that Trump likes the Oval Office:

He will linger on the opulence of the newly hung golden drapes, which he told a recent visitor were once used by Franklin D. Roosevelt but in fact were patterned for Bill Clinton. For a man who sometimes has trouble concentrating on policy memos, Mr. Trump was delighted to page through a book that offered him 17 window covering options.

Really, it’s a weird but interesting article. Worth reading.

Update: Two states and about 100 tech companies also have filed briefs against the ban.

Update: The appeals court decided to hear oral arguments tomorrow evening.

Moochers-in-Chief

From what I can tell from a bit of googling, it’s not normal for the adult children of presidents to get Secret Service details, except under extraordinary circumstances. Yet here we are [emphasis added].

When the president-elect’s son Eric Trump jetted to Uruguay in early January for a Trump Organization promotional trip, U.S. taxpayers were left footing a bill of nearly $100,000 in hotel rooms for Secret Service and embassy staff. …

…The Uruguayan trip shows how the government is unavoidably entangled with the Trump company as a result of the president’s refusal to divest his ownership stake. In this case, government agencies are forced to pay to support business operations that ultimately help to enrich the president himself. Though the Trumps have pledged a division of business and government, they will nevertheless depend on the publicly funded protection granted to the first family as they travel the globe promoting their brand.

Here comes the WTF? section:

The bill for the Secret Service’s hotel rooms in Uruguay totaled $88,320. The U.S. Embassy in Montevideo, the capital city of Uruguay, paid an additional $9,510 for its staff to stay in hotel rooms to “support” the Secret Service detail for the “VIP visit,” according to purchasing orders reviewed by The Washington Post.

I mean, seriously, WTF? Which staff? Security? What if the embassy had been attacked? Or were the embassy staff being supplied to Eric for other reasons? How does he get off using embassy staff as if they were his employees?

Trump’s business arrangements are flat-out unacceptable.

While the president says he has walked away from the day-to-day operations of his business, two people close to him are the named trustees and have broad legal authority over his assets: his eldest son, Donald Jr., and Allen H. Weisselberg, the Trump Organization’s chief financial officer. Mr. Trump, who will receive reports on any profit, or loss, on his company as a whole, can revoke their authority at any time.

What’s more, the purpose of the Donald J. Trump Revocable Trust is to hold assets for the “exclusive benefit” of the president. This trust remains under Mr. Trump’s Social Security number, at least as far as federal taxes are concerned. …

…While the trust structure, outlined in documents made public through a Freedom of Information Act request by ProPublica, may give the president the appearance of distance from his business, it drew sharp criticism from experts in government ethics.

“I don’t see how this in the slightest bit avoids a conflict of interest,” said Frederick J. Tansill, a trust and estates lawyer from Virginia who examined the documents at the request of The New York Times. “First it is revocable at any time, and it is his son and his chief financial officer who are running it.”

Handing the business over to Uday and Qusay apparently isn’t separating the Trump business and the thing in the Oval Office even a little bit, considering that Eric Trump can go on a business trip to Uruguay and treat U.S. embassy staff as extensions of his entourage
Whenever the Orange Atrocity is pried out of the White House, we’re going to need a Constitutional Amendment to prevent something like this from happening with future presidents.

Trump Barks at Australia, Rolls Over for Russia

This just in — the White House announced it would honor a deal made with Australia to take in 1,250 refugees from an Australian detention center. However, as he made this announcement Official White House Apologist Sean Spicer repeatedly mispronounced Prime Minister Turnbull’s name as “Trunbull.”

The backstory: You probably heard that yesterday Donald Trump managed to further embarrass the United States by insulting, and then hanging up on, the Prime Minister of Australia. Trump later doubled down on his “get tough with the Aussies” strategy. The Sydney Morning Herald reports,

President Donald Trump has defended his “tough” approach to speaking with foreign leaders in his first public remarks since details of his tense phone conversation with Australian prime minister Malcolm Turnbull were revealed, even as criticism mounted over the president’s treatment of a stalwart US ally.

One senior Republican colleague, senator John McCain, even took the step of calling the Australian ambassador to reaffirm the alliance on Thursday.

Speaking at the annual National Prayer Breakfast in Washington, Mr Trump strayed from his prepared remarks several times and addressed the intense media coverage of his phone call with Mr Turnbull – which turned sour during a discussion over an Obama-era agreement to take 1250 refugees from Australia’s offshore detention camps – as well as an equally controversial conversation with the Mexican President Enrique Peña Nieto.

“When you hear about the tough phone calls I’m having, don’t worry about it,” Mr Trump said. “Just don’t worry about it. They’re tough. We have to be tough.”

Well, no, we don’t have to be tough. We can be nice sometimes, you know, especially with leaders of countries we’ve long had good relationships with and who do us favors sometimes.

Regarding the Mexican President — There was a report from the Associated Press that Trump also had called President Enrique Pena Nieto and threatened to invade Mexico, but Mexico is denying this is true. But then, the White House today said that yes, Trump did say something like that, but he was joking.

Anyway, Trump said we have to get tough with Australia. On the other hand, it seems Russia is testing the U.S. with new military aggressions in the Ukraine, and in that situation Trump is not being tough at all.

The Trump administration is facing its first major test on the international stage as volleys of Russian artillery and rockets continue to pound Ukrainian forces in the country’s contested east, reigniting the frozen conflict and killing about a dozen Ukrainian soldiers since Sunday.

The barrages, along with renewed pushes by Russian-backed separatists and Ukrainian forces near the government-held industrial town of Avdiyivka, spiked dramatically on Sunday. The day before, Presidents Donald Trump and Vladimir Putin held their first phone call, reportedly talking about forming a new alliance against the Islamic State and working together on a range of other issues.

Trump possibly assumes this isn’t actually happening.

Poor John McCain is once again being called on to call for a return to the good old days when things were normal.

“That this surge of attacks began the day after he talked with you by phone is a clear indication that Vladimir Putin is moving quickly to test you as commander in chief. America’s response will have lasting consequences,” McCain said in a letter to Trump released by his office.

Washington has supplied aid to Ukraine including drones, radar, first-aid kits, night vision and communications gear as part Democratic President Barack Obama’s strategy of providing non-lethal military assistance while focusing on sanctions and diplomacy to end the war.

McCain urged Trump to use his authority under an existing defense policy law to provide lethal assistance to Ukraine.

“Vladimir Putin’s violent campaign to destabilize and dismember the sovereign nation of Ukraine will not stop unless and until he meets a strong and determined response,” McCain wrote.

Will Trump “get tough” with Putin? Are you joking?

Back to the Sydney Morning Herald — quoting Dear Leader, before he apparently caved under threat of Aussie derision, or something:

“It’s time we’re going to be a little tough folks. We’re taken advantage of by every nation in the world virtually. It’s not going to happen anymore. It’s not going to happen anymore.”

The call with Mr Turnbull and a subsequent tweet from the president condemning the “dumb deal” on refugees was greeted with more confusion and condemnation in the US on Thursday.

Senator McCain, a former Republican presidential candidate who has clashed with Mr Trump on issues of foreign policy before, described the president’s treatment of Australia as “harmful.”

“It was an unnecessary and frankly harmful open dispute over an issue which is not nearly as important as United States-Australian cooperation and working together, including training of our marines in Australia and other areas of military cooperation and intelligence,” he said during a doorstop interview in Washington DC.

WaPo says this is what happened with the phone call:

President Trump blasted Australian Prime Minister Malcolm Turnbull over a refu­gee agreement and boasted about the magnitude of his electoral college win, according to senior U.S. officials briefed on the Saturday exchange. Then, 25 minutes into what was expected to be an hour-long call, Trump abruptly ended it.

At one point, Trump informed Turnbull that he had spoken with four other world leaders that day — including Russian President Vladi­mir Putin — and that “this was the worst call by far.”

Did Donnie and Vlad talk about the Ukraine, I wonder?

Don’t Lose Hope

I have to say the Trump Maladministration is every bit as awful as I thought it would be. Keep this in mind, however:

We hear people constantly saying ‘Nothing will change his supporters’ minds. They’re with him no matter what.’ First of all this is enervating defeatism which is demoralizing and loserish. But it also misses the point. It is factually wrong. For the supporters those people have in mind, they’re right. They’re true believers, authoritarians who are energized by Trump’s destructive behavior. But there are not that many of those people. A big chunk of Trump’s voters voted for him in spite of their dislike. Those people can be carved away.

This cannot be emphasized enough. Not everyone who voted for Trump is a neonazi Klan sympathizer. Some of them were just foolish. Frankly, some of them probably would have voted for the Democrat had the nominee not been Hillary Clinton.

Gallup’s Daily Tracking Approval poll has Trump at 43 percent. How low can he go?

Does Bannon’s Role at the NSC Require Senate Confirmation?

A number of bloggers are reporting that Stephen Bannon cannot be appointed to a permanent seat on the National Security Council without Senate confirmation. But so far I haven’t seen this in the mainstream press anywhere.

Here’s the pertinent statute, from the Cornell Law School site — 50 U.S. Code § 3021:

(a) Establishment; presiding officer; functions; composition

There is established a council to be known as the National Security Council (hereinafter in this section referred to as the “Council”).

The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place.

The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security.

The Council shall be composed of–

(1) the President;

(2) the Vice President;

(3) the Secretary of State;

(4) the Secretary of Defense;

(5) the Secretary of Energy; and

(6) the Secretaries and Under Secretaries of other executive departments and of the military departments, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure.

Now, that seems to say that anyone appointed to the NSC as a permanent member who is not covered by (1) through (5) requires Senate confirmation. So why is nobody talking about holding a hearing for Bannon’s appointment to the Council?

It might be that someone like the head of the Joint Chiefs of Staff, who apparently used to be a regular member, was not subject to confirmation, so maybe this rule gets waived a lot. But it also seems to me that someone who is, in effect, one of the President’s flunkies (officially, he is Chief Strategist and Senior Counselor to the un-POTUS, an obvious political role) would not be automatically waived.

Does anyone want to chime in on this?

 

Shades of Nixon

This just happened:

President Trump fired his acting attorney general on Monday after she defiantly refused to defend his immigration executive order, accusing the Democratic holdover of trying to obstruct his agenda for political reasons.

Taking action in an escalating crisis for his 10-day-old administration, Mr. Trump declared that Sally Q. Yates had “betrayed” the administration, the White House said in a statement.

The president appointed Dana J. Boente, United States attorney for the Eastern District of Virginia, to serve as acting attorney general until Senator Jeff Sessions of Alabama is confirmed.

Ms. Yates’s decision confronted the president with a stinging challenge to his authority and laid bare a deep divide at the Justice Department, within the diplomatic corps and elsewhere in the government over the wisdom of his order.

And it’s only going to get worse, folks.

Bannon Sidelines Flynn

Per Josh Marshall, this New York Times story about Steve Bannon is a multi-layered thing that isn’t so much about Bannon as about the raging pathology that is the Trump Maladministration. Josh writes:

Good news: Flynn is already being sidelined in his role as National Security Advisor. Bad news: he’s being supplanted by Steve Bannon.

Flynn already appears to be in the process of getting wraithed, the fate of nearly all Trump toadies and sycophants.

Per the Times article, Bannon seems to be the one really in charge of the Administration — he’s the new Dick Cheney, apparently. Michael Flynn got on everybody’s nerves and has been reduced to meekly submitting the daily briefs Donald doesn’t read.

Trump: Laying the Groundwork for Massive Bleepups

So this happened:

President Donald Trump signed a presidential memorandum Saturday that removed the nation’s top military and intelligence advisers as regular attendees of the National Security Council’s Principals Committee, the interagency forum that deals with policy issues affecting national security.

The executive measure established Trump’s chief strategist Steve Bannon as a regular attendee, whereas the chairman of the Joint Chiefs of Staff and the Director of National Intelligence will be allowed to participate only “where issues pertaining to their responsibilities and expertise are to be discussed.”

“This is unusual,” John Bellinger, an adjunct senior fellow in International and National Security Law at the Council on Foreign Relations and former legal adviser to the National Security Council, wrote on Saturday.

“Unusual” is not the word I would have used. But I can’t think of the right word. What’s the word that signifies “Holy shit these people are going to massively screw up the planet?” But that’s not even strong enough.

“In the Bush administration, Karl Rove would not attend NSC meetings,” Bellinger said. “According to former Chief of Staff Josh Bolten, President Bush did not want to appear, especially to the military, to insert domestic politics into national security decision-making.”

With his permanent seat at the NSC meetings, Bannon has been elevated above the director of the CIA, Mike Pompeo, who was not offered an open invitation.

“The CIA Director is typically invited to NSC and Principals Committee meetings,” Bellinger said, though he added that President Barack Obama’s list of invitees to such meetings did not include the CIA director.

It had already been reported that Bannon, trust fund brat and felon by proxy son-in-law Jared Kushner, and anagram Reince Priebus comprised an informal “shadow national security council” that “sits atop the Trump transition team’s executive committee and has the final say on national-security personnel appointments.” And the State Department has already been relieved of senior management. So our foreign policy is now firmly in the hands of fools and amateurs, with no grown ups around to spoil the fun.

Trump Shames America and Puts Us All in Greater Danger

Coward-in-Chief Donald Trump has shamed America and made all of us less safe with his probably unconstitutional ban on certain refugees:

Mr. Trump’s order, enacted with the stroke of a pen on Friday afternoon, suspended entry of all refugees to the United States for 120 days, barred Syrian refugees indefinitely, and blocked entry into the United States for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

The September 11 terrorist attacks were mentioned several times in the order; note that none of the September 11 perpetrators were from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen. They were nearly all from Saudi Arabia; one guy was from the United Arab Emirates.

Oh, wait — Trump’s ban on Muslim immigrants excludes countries with ties to his businesses. Never mind.

Now, let’s look at the immediate effect of this ban:

President Trump’s executive order on immigration quickly reverberated through the United States and across the globe on Saturday, slamming the border shut for an Iranian scientist headed to a lab in Boston, an Iraqi who had worked as an interpreter for the United States Army, and a Syrian refugee family headed to a new life in Ohio, among countless others.

Around the nation, security officers at major international gateways had new rules to follow. Humanitarian organizations scrambled to cancel long-planned programs, delivering the bad news to families who were about to travel. Refugees who were airborne on flights when the order was signed were detained at airports.

At least one case quickly prompted a legal challenge as lawyers representing two Iraqi refugees held at Kennedy International Airport in New York filed a motion early Saturday seeking to have their clients released. They also filed a motion for class certification, in an effort to represent all refugees and other immigrants who they said were being unlawfully detained at ports of entry.

The  order bans people about to travel here who had already been vetted every which way from Sunday. The order bans people who already had been living in the U.S. on legal green cards who happened to be traveling out of the country when the ban went into effect:

A homeland security spokesman also said on Saturday that green card holders who effectively hold permanent US residency from the seven countries, will be included in the temporary ban.

Ali Abdi, an Iranian with permanent residency in the US, said the measure means he is now in limbo in Dubai. He says he can’t go to Iran because he has been outspoken about human rights violations there, can’t return to the US because of the visa bans, and can’t stay longer in Dubai as his visa will run out.

“I am an Iranian PhD student of anthropology in the US. Doing fieldwork is the defining method of our discipline,” he said. “I left New York on 22 January, two days after he was sworn in.

“Now in Dubai, I’m waiting for the issuance of my visa to enter Afghanistan to carry out the ethnographic research. The language of the racist executive order he just signed is ambiguous, but it is likely to prevent permanent residents like me from returning to the country where I am a student, where I have to defend my thesis.

“Meanwhile, it’s not yet clear whether the consulate of Afghanistan in Dubai would issue the visa I need in order to stay in Kabul for a year, and I cannot stay in Dubai for long or my UAE visa would expire. It’s not wise to go to Iran either,” he wrote on his Facebook page. “This is just one story among thousands.”

This ban was nothing but chest-thumping on Trump’s part. He was even stupid enough to say, out loud, in public, for the record,, that Christian refugees would be prioritized over Muslim refugees.

This was met from an immediate backlash — from Christians.

The announcement was met with immediate backlash from leaders of nearly every Christian denomination, along with those of other faiths. They argue that Trump’s actions do not reflect the teachings of the Bible, nor the traditions of the United States, and they have urged the president to let them get back to work—many of the country’s most prominent refugee resettlement organizations are faith-based.

The extremist right wing of American Christianity supports the ban, and the discrimination, of course, but they’ve already thrown Jesus and the Gospels under the bus to gain political power.

I also predict Trump’s chest-thumping will lead to an increase in violence aimed at Americans, including those serving in our military overseas.

Across the Muslim world, the refrain was resounding: President Trump’s freeze on refugee arrivals and visa requests from seven predominantly Muslim countries will have major diplomatic repercussions, worsen perceptions of Americans and offer a propaganda boost to the terrorist groups Mr. Trump says he is targeting. …

…“We don’t want them here,” Mr. Trump said as he signed the order at the Pentagon. “We want to ensure that we are not admitting into our country the very threats our soldiers are fighting overseas.”

We don’t want who here? All Muslims? Is this s putting a big, fat “shoot me” sign on all Americans.

But in interviews with dozens of officials, analysts and ordinary citizens across Muslim-majority countries, there was overwhelming agreement that the order issued Friday signaled a provocation: a sign that the American president sees Islam itself as the problem.

“I think this is going to alienate the whole Muslim world,” said Mouwafak al-Rubaie, a lawmaker and former Iraqi national security adviser in Iraq.

“Terrorists can say, ‘See, their aim is not terror but Muslims,’ ” said Ilter Turan, a professor of international relations at Bilgi University in Istanbul.

Even George W. Bush wasn’t this stupid. He was careful to put out all kinds of signals that the U.S. had no enmity toward Islam, just terrorism.

Now, according to some of America’s most experienced veterans of Arab diplomacy, that important distinction has been compromised — and along with it America’s relationship with the very people it is seeking to befriend.

“The Islamic State says it is leading the war against the U.S.,” said Ryan C. Crocker, who served as the United States ambassador to five Muslim countries, including Afghanistan, Iraq and Lebanon, between 1990 and 2012. “Now it only has to pump out our press releases to prove that.”

Mr. Trump’s executive order will alienate the pro-Western elites that Americans turn to for help in Muslim countries, Mr. Crocker said. And it broke promises to people who have risked their lives to help American soldiers or diplomats.

“You know, we can be cynical about these things, but values count,” Mr. Crocker said. “This is a core identity of ours that we are repudiating in a very callous fashion. What do we do — get a new inscription on the Statue of Liberty?”

It’s cowardly, I tell you, and it will make us less safe, not more safe.

Speaking of which — I’d heard the Coward-in-Chief had released a statement on Holocaust Remembrance Day that forgot to mention Jews.  So I went to the Whitehouse.gov website, following a google link, because I wanted to read the statement for myself. OMG — have you been there lately? He’s turned it into a campaign site for his movement/ego.

I was greeted by a popup asking me to join Trump’s movement and make America great again. Clicking past that, I was confronted by a video of Trump’s inauguration. He’s turned the White House website into some ghastly campaign site.

I finally did find the statement on the Holocaust, which did indeed fail to mention Jews. The last paragraph was just odd:

“In the name of the perished, I pledge to do everything in my power throughout my Presidency, and my life, to ensure that the forces of evil never again defeat the powers of good. Together, we will make love and tolerance prevalent throughout the world.”

And then the creep goes and signs an order banning Muslim refugees? Christians fleeing persecution must be given priority over Muslims fleeing persecution? This is a degree of self-obliviousness rarely seen on this planet.

Update: The Boston Marathon bombers were from Chechnya. One of the San Bernadino terrorists was from Pakistan, although the other was born in the U.S. of Pakistani parents. Am I missing something? Apparently not:

President Trump’s freeze on immigration from seven mostly Muslim countries cites the potential threat of terrorism. But here’s the twist — it doesn’t include any countries from which radicalized Muslims have actually killed Americans in the U.S. since Sept. 11, 2001.

The president’s executive action, which he signed Friday at the Pentagon, applies to these countries: Syria, Iran, Libya, Somalia, Yemen, Iraq and Sudan.

Yet no Muslim extremist from any of these places has carried out a fatal attack in the U.S. in more than two decades.

In contrast, here are the countries of origin of radicalized Muslims who carried out deadly attacks in the U.S., beginning on Sept. 11, 2001: Saudi Arabia, Egypt, Lebanon, United Arab Emirates, Russia and Pakistan.

The two lists are completely distinct, raising all sorts of questions about the reasoning behind the White House plan.

I doubt “reasoning” was involved at all.