Trump hits out at judges as travel ban faces tough scrutiny in court

San Francisco, February 8

President Donald Trump today stepped up his criticism of the US judiciary, saying courts (federal judges) seem to be “so political”, a day after his travel ban on people from seven Muslim-majority countries faced close scrutiny from an appeals court.

A three-judge panel of the San Francisco-based 9th US Circuit Court of Appeals on Tuesday heard arguments on the Trump administration’s challenge to a lower court order putting his temporary travel ban on hold. It grilled the Trump Administration whether the travel ban unconstitutionally discriminates against Muslims and questioned the arguments that curbs were motivated by national security concerns. Trump on Saturday accused the judge who issued the order of opening the US to “potential terrorists”.

“I don’t ever want to call a court biased,” Trump told hundreds of police chiefs and sheriffs from major cities at a meeting in a Washington hotel. “So I won’t call it biased. And we haven't had a decision yet. But courts seem to be so political. And it would be so great for our justice system if they would be able to read the statement and do what's right.” “I think it's a sad day. I think our security's at risk today.”

The appeals court must decide whether Trump acted within his authority or violated the US Constitution’s prohibition on laws favouring one religion over another, as well as anti-discrimination laws, and was tantamount to a discriminatory ban targeting Muslims.

The 9th Circuit is expected to decide the narrow question of whether a lower court judge acted properly in temporarily halting enforcement of the President’s order. While the court could take into account the strength of the arguments on both sides, this is just a first step in a fast-moving case.

During the hour-long hearing, conducted by phone, Justice Department lawyer August Flentje said in signing the executive order, Trump struck the balance between national security and the practice of allowing people from entering the country.

Flentje’s assertion led to a series of rapid fire exchanges with all three judges pressing him to explain the limits of his position. The judges questioned whether the directive improperly targeted people because of their religion.

“Has the government pointed to any evidence connecting these countries with terrorism,” asked Judge Michelle Friedland.  “Are you arguing then that the President's decision in that regard is unreviewable (by a court)?” he asked another time. 

Trump’s order barred travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering for 90 days and all refugees for 120 days, except those from Syria, whom he would ban indefinitely. — Agencies