legal defeat yesterday when a federal court of appeals, decided negatively on the implementation of a temporary ban entry of travellers and refugees from seven muslim countries in the united states.
The three-member council of judges ruled unanimously that the government Trump failed to present any evidence to support its concerns about the security threat facing the united states, in order to immediately apply the prohibitions arising from the presidential decree of the Trump signed two weeks ago.
Trump: The nation’s security is at risk
Immediately after the publication of the decision of 29 pages, issued by the court, the Trump wrote on Twitter in capital letters: “see you in court. The security of the nation is in danger!”
At the same time, told reporters that the government will eventually win the case, while it rejected the decision of the court of appeal, calling it “a political decision”.
This decision retains legal and practical effect of the decision of last Friday, the federal judge James Î¡ÏŒÎ¼Ï€Î±ÏÏ„ for the temporary suspension of the application of the presidential decree of the Trump. Does not resolve the legal dispute, shall decide on the lifting or not of the temporary restriction on the application of presidential decree Trump, for the entry bans in the united states.
The judges stated that they would need more information in order to decide in detail, the fate of the presidential decree of the Trump.
The presidential decree issued by the Trump on January 27, forbade entry into the united states to citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen for 90 days, while a ban on entry of refugees for up to 120 days, and permanent ban on entry of refugees from Syria.
The government Trump examines the legal options available to
For his part, the U.S. department of Justice, which represented legal the american government during the oral (telephone) presentation of the arguments at the hearing of the appeal stated that it is studying the decision by examining the legal options available to him.
The implementation of the presidential decree of the Trump questioned the states of Washington and Minnesota, after the protest demonstrations that were organized and the confusion that was caused in american airports, but also in airports abroad, during the first Weekend of implementation. The two states argued that the presidential decree of the Trump violated the provisions of the american Constitution, with regard to religious freedoms, by imposing discriminatory.
To a question about the post made by Trump on Twitter, Bob Ferguson, attorney general in the state of Washington, said: “we saw Him in court two times, and we got two in two.”
Despite the fact that the court argued that it can’t decide whether the presidential decree of the Trump it imposes discrimination against a particular religion, “until the full legal treatment” of the case, added that the states presented evidence regarding statements of the american president “about the intention to implement a restriction against the muslims”.
The court also argued that the government failed to prove that someone is a citizen of the seven muslim countries has been involved in a terrorist attack against the united states.
For its part, the government Trump argued that the courts do not have the same degree of access to classified information about security threats facing the united states, in contrast with the president. However, the judges argued that “the courts often receive information on secret items after relevant authorization”.
The three judges, said that according to the evidence presented by the two american states and even the provisional application of the presidential decree could have consequences.
What can he do from here on out, the Trump
The prohibition of entry in the united states as a measure of national security was a central issue in the presidential campaign of Donald Trump, which was (originally) announced the implementation of a temporary prohibition on entry with regard to all muslims, while the legal challenge and the prohibition of implementation of the presidential decree has caused frustration in the american president.
The presidents of the united states in the past have claimed superpowers in the fight against terrorism, but to natural persons, the american states and the organisations for the defence of human rights, which objected to the implementation of the presidential decree of the Trump claimed that the us government has not presented any evidence of safety hazards.
Two of the judges of the court of justice examined the appeal have been appointed by Democratic presidents, Jimmy Carter and Barack Obama, while the third judge has been appointed by the Republican George Bush Junior.
The U.S. government may request from the court that considered the appeal, the appeal is to be examined again before the full composition of judges (en banc) or appeal to the Supreme Court of the united states, which will decide on the final legal outcome of this case.
For its part, the senior advisor to the White House, Caelian Conway, told the television network Fox News: “this Is a judicial decision of a temporary nature. Now, we have the belief that it will come and our day in court, to highlight our arguments, so that they can prevail”.