Presidential travel bans and the courts

Elections only count for the left if they win. If they don’t then there are other means which in the US leads to the courts. FEDERAL JUDGE IN HAWAII PUTS TRUMP TRAVEL BAN ON HOLD. Wherein we find:

For the second time, a federal court on Wednesday blocked President Donald Trump’s efforts to freeze immigration by refugees and citizens of some predominantly Muslim nations, putting the president’s revised travel ban on hold just hours before it was to take effect.

This time, the ruling came from a judge in Hawaii who rejected the government’s claims that the travel ban is about national security, not discrimination. U.S. District Judge Derrick Watson also said Hawaii would suffer financially if the executive order constricted the flow of students and tourists to the state, and that Hawaii was likely to succeed on a claim that the ban violates First Amendment protections against religious discrimination.

And to demonstrate that this was a fully intended effort to subvert a presidential order by a far left court, there is this which I found interesting in its own right: “The judge issued his 43-page ruling less than two hours after hearing Hawaii’s request for a temporary restraining order to stop the ban from being put into practice.” This is John Hinderaker on Powerline discussing this ruling. He titles the post A liberal coup is in progress.

Derrick Watson, a Democratic Party activist who was appointed to the federal bench in Hawaii by President Obama in 2012, has issued a purported injunction barring implementation of President Trump’s travel order. I have not yet read Watson’s opinion, and will comment on it in detail when I have done so. But I have read Trump’s order, and the idea that it somehow can be blocked by a federal judge is ridiculous. The order is absolutely within the president’s constitutional discretion.

What we are seeing here is a coup: a coup by the New Class; by the Democratic Party; by far leftists embedded in the bureaucracy and the federal judiciary. Our duly elected president has issued an order that is plainly within his constitutional powers, and leftists have conspired to abuse legal processes to block it. They are doing so in order to serve the interests of the Democratic Party and the far-left movement. This is the most fundamental challenge to democracy in our lifetimes.

The battle lines are clearly drawn. What Watson has done has nothing to do with the law. It is a partisan coup.

Whatever you might call it, the left are determined to keep open borders irrespective of the harm it does to the United States.

This one is for keeps there is no second go

Watching American politics remains as depressing as ever. There are the Democrats who run as Democrats (DD), there are the Democrats who run as Republicans (DR), there are the Republicans (R) and then there’s Donald Trump (T). And running far to the left of all of these is the media (M). The configuration is thus DD+DR+M vs R+T. Maddening. And the DR types may well have preferred Hillary over Trump, and that includes Paul Ryan, the present Speaker of the House, a DR to his very bootstraps. So let us go to the tape. This is Ryan speaking in October, just a month before the election:

“His comments are not anywhere in keeping with our party’s principles and values,” Ryan said. “There are basically two things that I want to make really clear, as for myself as your Speaker. I am not going to defend Donald Trump—not now, not in the future. As you probably heard, I disinvited him from my first congressional district GOP event this weekend—a thing I do every year. And I’m not going to be campaigning with him over the next 30 days.”

In the things Trump can do on his own, he is making progress but it is a shark pool at every turn. But the one area he cannot control are the issues that can only be decided by legislation, which means by Congress, which means they must pass through the hands of Paul Ryan. And this is the core issue of Obamacare, which either can be repealed or it cannot. And if it cannot be repealed, because it requires 60 votes and there are only 52 Republicans, then there may or may not be other ways to do it, which requires some kind of finessing in the way the legislation is crafted. And that is how it is being done, or so Ryan says. But among those who in my view are in the R column is Tom Cotton, Senator from Arkansas, a potential presidential nominee and very astute. Here he is talking to Hugh Hewitt.

HH: So what can be done? I’ve talked to the Speaker, I’ve got to the Leader. I’ve talked to Cathy McMorris Rodgers is on today, Mick Mulvaney, Tom Price. They all say it’s a three-step dance because of the Senate reconciliation rule. So you know those rules. Working within the rules, how can the Senate improve its bill, or how can the House send to the Senate a bill that fits within the guardrails of reconciliation and allows for 51 votes that improves the individual market?

TC: Hugh, there is no three-phase process. There is no three-step plan. That is just political talk. It’s just politicians engaging in spin. This is why. Step one is a bill that can pass with 51 votes in the Senate. That’s what we’re working on right now. Step two, as yet unwritten regulations by Tom Price, which is going to be subject to court challenge, and therefore, perhaps the whims of the most liberal judge in America. But step three, some mythical legislation in the future that is going to garner Democratic support and help us get over 60 votes in the Senate. If we had those Democratic votes, we wouldn’t need three steps. We would just be doing that right now on this legislation altogether. That’s why it’s so important that we get this legislation right, because there is no step three. And step two is not completely under our control.

Meanwhile the drumbeat of left opposition continues with anything and everything that can be thrown into the vat included, however preposterous it may be. To which is added the often sensible but still negative criticisms from those who support Trump in general but disagree on various particulars. Three years and nine months till the next election, but those years do go by quickly.

What continues to amaze me is how little assistance the right side of the political divide offer to Trump. I don’t say that there should be blind allegiance, but I do say there should be at least some awareness of how hard it is to push a conservative agenda in this day and age. There is endless opposition from almost 50% of the population who are socialists of one kind or another, either through personal conviction or because it raises their personal incomes to much higher levels than they would otherwise reach. And in that latter group, there are the oceans of welfare recipients on one side and the crony capitalists on the other. They present a formidable phalanx and are almost immovably difficult to deal with. Trump has both the mentality and the will to overcome much of this but he cannot do it by himself on his own. The #NeverTrump is now more than supplemented by the #WishyWashyTrump, who are ready to criticise from the very moment an issue comes up. The benefit of the doubt is never towards seeing what Trump is trying to do with the limited resources available in the midst of a public service that is largely and implacably opposed to his agenda. I need hardly add that not everything can be done at once and many things that Trump may wish to do might in the fullness of time turn out to be impossible to carry out. But that he is trying to achieve my agenda is never in doubt, and that he miraculously prevented a Hillary administration will always mean we were given at least this one last chance before the deluge.

Michael Savage, along with Rush Limbaugh, are two who do get it. Savage has just published a book – Trump’s War: His Battle for America – that spells out the dangers of a fairmindedness that borders on the inane.

This is a battle that is for keeps. If we lose it, we don’t get to come back next season and have another go.

 

The Art of the Impossible

The Art of the Impossible -- Steven Kates

The Art of the Impossible is now out in the world and can be bought on line either here in Australia or anywhere at all here at Amazon. I thought originally that the aim should be to have the book available for Christmas but for a variety of reasons, including that nothing was settled until the Electoral College met in December, it has taken until now. But at the time, I had not even read the book myself, had only brought the posts together. Now I have read the book – four times or perhaps even five – and I no longer think of it as a book that will have only immediate interest. This is truly a book for the long haul. These are some of its features.

First, it is almost entirely about Donald Trump. The first post is from July 2015 which was a long time before anything had settled, but even before I had seen or heard a word from him or about him, I was absolutely on the same page. That very first post – Politics is what you can get away with – is about the disastrous presidency of Barack Obama, the corruption of the American political system and the destructive impulses of the American media. Nothing Trump would say during the entire election period was not something I had not already said myself, whether about border protection, migration or economic mismanagement. Everything Trump has said is what I have said. You will therefore find here the most sympathetic account of his rise to the presidency available from any source. No one, and I do mean no one, has been as onside and from so early on as I have been. I won’t say there weren’t nerves to settle and issues to bed down, but no one was as primed to see the policies put forward by Trump as I was. And as it happened, I was there on the day his trajectory changed with his July 11 presentation in Las Vegas which I live blogged at the time, and then discussed in some detail the following day.

Second, it is what I call a “blog history” and I think it’s the first of its kind. The entire book is made up of the blog posts I had written contemporary with all of the events described. In its own way, it is a new kind of history, in the way that the Anglo Saxon Chronicle may have been a new kind of history in its own time. Things would happen, and as is fitting with a blog, I would partly report on what I had read about or seen and partly give my own reaction and write up my own perspectives. The book is therefore entirely an historical account that describes events as they happened. But its more than just a series of events. Each of these events comes with a series of comments that puts these events into the perspective of someone who understands things in a way almost identically with the way they would have been seen by Trump himself. When I did the survey on “Who Should I Vote For?” my overlap with Trump was 94%.

Third, my own education and then my entire career has been inside of a political economic framework, with a large part of my area of study, both then and now, in political philosophy. I am a classical conservative and I knew another one when I saw him. I instantly recognised Donald Trump as a kindred spirit. I was never in the slightest doubt that he was and is a conservative in the proper meaning of the word. He seeks to conserve what is best but accepts the need for change but only after careful assessment. I had also worked as the Chief Economist for Australia’s largest and most representative business association and knew the crucial importance of leaving things to the market and limiting as much as possible the role of government, both in relation to regulation and expenditure.

Fourth, the events as they happened are all there. The book takes you back to each of the major moments during the campaign. Even better is that each of these moments is described without the benefit of hindsight. Each moment is looked at right then so there is a sense even now of following everything along. It therefore has the feel of a documentary rather than the views of someone who already knows what’s going to happen. You are there. You are right in the midst of things. Small events become larger events and important markers along the way – remember Michelle Fields, for example? You are right back in the midst of the campaign where these things are again happening right before your eyes just as they happened then.

Finally, I think this is an historical record that could only have been written at the time and can never be re-produced again. I think this is part of what gives it a feeling of contemporary relevance since you can no longer go back to the moment to remember how things felt and the uncertainties that were in the air. This record however take you back to the very moment when these events were first being experienced, when they were the present and not, as they now are in the past. It is the only book I have written that I feel might still be worth looking at in a hundred years, and not only right now, which I also think. If you would like to relive the American election almost day by day there is no better way to do it.

And on top of everything else, it will help you understand why Donald Trump won the election and how fortunate we are that he did.

Winston Churchill defends the Balfour Declaration in 1921

This is what doesn’t exist today along with the kinds of politicians who can speak clearly and from deep principle. At the link is a discussion of Winston Churchill’s Defense of the Balfour Declaration which he made in 1921 while actually in the Middle East and while talking with the Arab leaders. Donald Trump is the closest equivalent today. The lesson we have learned since then is that a people with hatred in their souls cannot make peace because they will not make peace. That peace was possible was the hope he expressed then. What has the Arab population done in all that time to bring about a lasting peace between two peoples who would live together side by side in that fragment of the former Ottoman Empire? One can say there is fault on all sides, etc etc, but only the Israelis want mutual accommodation. Who would speak like this today? Who would not think such thoughts are pointless and mere air that can have no effect?

If a National Home for the Jews is to be established in Palestine, as we hope to see it established, it can only be by a process which at every stage wins its way on its merits and carries with it increasing benefits and prosperity and happiness to the people of the country as a whole. And why should this not be so? Why should this not be possible? You can see with your own eyes in many parts of this country the work which has already been done by Jewish colonies; how sandy wastes have been reclaimed and thriving farms and orangeries planted in their stead. It is quite true that they have been helped by money from outside, whereas your people have not had a similar advantage, but surely these funds of money largely coming from outside and being devoted to the increase of the general prosperity of Palestine is one of the very reasons which should lead you to take a wise and tolerant view of the Zionist movement.

The paper which you have just read painted a golden picture of the delightful state of affairs in Palestine under the Turkish rule. Every man did everything he pleased; taxation was light; justice was prompt and impartial; trade, commerce, education, the arts all flourished. It was a wonderful picture. But it had no relation whatever to the truth, for otherwise why did the Arab race rebel against this heavenly condition? Obviously the picture has been overdrawn. And what is the truth?

This country has been very much neglected in the past and starved and even mutilated by Turkish misgovernment. There is no reason why Palestine should not support a larger number of people than it does at present, and all of those in a higher condition of prosperity.

No reason at all, as it does today. But still no peace. A long article, but every word is worth your attention.

Which one is the fake?

Anything can be faked in this day and age, but this is at least has it funny side. It’s from Barack’s half brother Malik: Malik Obama shares photo of brother Barack’s Kenya ‘certificate of birth’. Of course, to quote Hillary Clinton, what difference at this stage does it make?

Meanwhile, the Hawaiian version has had its critics as discussed here. Nevertheless, fake or not, this is what has been published.

Now perhaps we can clear up the questions surrounding Obama’s Connecticut social security number, a state in which he never lived. And while we are at it, we could look into why no fellow student remembers ever seeing him at Columbia although he was supposedly there for two years!

What is required to repeal Obamacare

This article provides a genuine public service, an explanation of why repealing Obamacare is so very very difficult. As the title says Repealing and Replacing ObamaCare – Much Confusion is in “The Process”. Provided at the link is an explanation of just how intricate and immensely difficult the process is which is in large part a consequence of the way the legislation was first introduced. Repeal cannot be done by the President on his own. The undoing of Obamacare must go through the Congress. The Senate is 52-48 Republican so that a repeal, which requires 60 votes, can never occur. The need is to find a way to keep at least 50 of the 52 Republicans together so that they can piecemeal amend the existing legislation to modify its effects and change the nature of the system.

If this interests you, you should read the entire article, but the following gives you a summary of the summary you find at the link.

The Republicans are going to attempt to repeal that bill by modifying it; and have to also plan for a full unity road block of Democrats providing them no support. That means the Republican repeal/modification needs to pass the house and senate without a single Democrat vote. . . .

This process takes three phases. In phase #1 you are repealing a bill through modification knowing you need to use the Senate Reconciliation process (51 vote threshold). That means the repeal/modification bill itself cannot have any federal budgetary impact beyond 10-years. Any bill/modification that HAS budgetary impact, beyond ten years, cannot use reconciliation in the Senate and must reach the higher hurdle of 60 votes.

Additionally, phase #2 and phase #3 will take place over time, through the regular process, as the House and Senate debate their constituent provisions. This is how the law should have been written in the first place – but it wasn’t. Phase #2 and phase #3 mean compromise, because the higher vote thresholds will be required.

All of the changes that people want in a replaced ObamaCare bill (purchasing across state lines, etc.) can only come after the entanglement/modification of the law takes place.

Which brings us to the second major issue, why not just repeal the entire thing and start over? “The hand grenade approach”. As explained:

Firstly, a clean “repeal bill” would be “new legislation” that would require 60 votes of support in the Senate. That means 8 Democrat Senators would be needed to eliminate ObamaCare. They don’t exist. Secondly…

POLITICS! Repeal alone would mean 100% of Americans could immediately be thrown into a state of immediate loss of coverage, and tens of millions – especially those currently using medicaid- certainly would. And not a single Democrat would be in a hurry to create another construct with the 2018 election coming and their ability to say “republicans destroyed your healthcare” etc.

Thus, if repeal and replace is to happen at all, this is what must take place:

Phase #1 – Dismantle the underlying financial construct of the law through new law targeting the underlying financial architecture. This process allows reconciliation (lower vote threshold in the Senate).

Phase #2 – HHS Secretary Tom Price rewrites the rules and regulations to focus on patient centered care. Most of the tens of thousands of pages are rules and regulations. Secretary Price uses the new architecture created under phase #1 to rewrite the rules.

Phase #3 – The wholesale reforms and changes to the law: malpractice/tort reform, purchasing across state lines, etc. are additions – new bills – (higher vote thresholds) to add to the law that provide the changes most ObamaCare critics are demanding.

Maddening. But what you will now see unfold is whether Trump actually has the ability to guide this process through the various stages required, while the entire world of the left does everything they can to stop the process while half of those who are lining up on his own side have agendas of their own which will often not coincide with whatever is required to finally see this misshapen disaster finally discarded.

The one certainty I have is that Trump wants to see Obamacare gone but understands the care he needs to take.

“They’ve marched, they’ve bled, yes, some of them have died”

You look at those words in the context of her entire 52 second statement. This is Loretta Lynch, Obama’s Attorney-General speaking just this weekend. She is calling for violence and pushing for fighting in the streets. It would have had to have been her who asked for the surveillance on Trump, after a nod, a wink or whatever it might have required for her to get the message. After hearing this, can there be any doubt that she would use whatever means were needed to achieve whatever ends she sought? What would a wiretap means to this woman after what she has just said.

The election of Trump was a necessary condition to preserve our way of life but by no means sufficient. It is part of the miracle in having seen Trump elected that he understands every bit of what is going on, and having seen what he’s seen, will not lie down and intends to fight. The most basic point is that if Obama did seek and undertake some kind of surveillance on the Republican nominee during the election, that we are at the edge of some kind of police state in the United States. You would think this is something everyone would like to know the answer to, but the divisions are entirely partisan. Meanwhile, at the centre of it all is Washington which voted 96% Clinton, a similar number to the American journalist community. How are you going to find out the truth from any of these?

And let me take you back to a headline that stayed up at Drudge for 24 hours: COMEY TURNS ON TRUMP. The notion that the FBI Director was or is anything other than a Democrat stooge is ridiculous, accepted only by the politically brain dead and deeply dishonest. Hillary breaks the law and he lets her off. They find masses of emails on Weiner’s computer and start the investigation again and then immediately call it off since the new investigation starts to give Trump additional momentum. From the start, the calls were with almost total certainty made inside the White House, by Obama via Loretta Lynch. When you read the start of the story below, and see the words “F.B.I Director”, or Comey’s name, just substitute the words “the former president” and “Obama” and you will understand everything you need to understand about what is being said.

The F.B.I. director, James B. Comey, asked the Justice Department this weekend to publicly reject President Trump’s assertion that President Barack Obama ordered the tapping of Mr. Trump’s phones, senior American officials said on Sunday. Mr. Comey has argued that the highly charged claim is false and must be corrected, they said, but the department has not released any such statement.

Mr. Comey, who made the request on Saturday after Mr. Trump leveled his allegation on Twitter, has been working to get the Justice Department to knock down the claim because it falsely insinuates that the F.B.I. broke the law, the officials said.

A spokesman for the F.B.I. declined to comment. Sarah Isgur Flores, the spokeswoman for the Justice Department, also declined to comment.

Mr. Comey’s request is a remarkable rebuke of a sitting president, putting the nation’s top law enforcement official in the position of questioning Mr. Trump’s truthfulness. The confrontation between the two is the most serious consequence of Mr. Trump’s weekend Twitter outburst, and it underscores the dangers of what the president and his aides have unleashed by accusing the former president of a conspiracy to undermine Mr. Trump’s young administration.

It’s not a swamp it’s a sewer. For anyone appointed by Obama or who have worked for him, you cannot trust a thing they say or do.

“We will keep our promises to the American people”

I have provided a more compact version of the speech. A true show stopper! Here’s how it starts.

Mr. Speaker, Mr. Vice President, Members of Congress, the First Lady of the United States, and Citizens of America:

Tonight, as we mark the conclusion of our celebration of Black History Month, we are reminded of our Nation’s path toward civil rights and the work that still remains. Recent threats targeting Jewish Community Centers and vandalism of Jewish cemeteries, as well as last week’s shooting in Kansas City, remind us that while we may be a Nation divided on policies, we are a country that stands united in condemning hate and evil in all its forms.

Each American generation passes the torch of truth, liberty and justice –- in an unbroken chain all the way down to the present.

That torch is now in our hands. And we will use it to light up the world. I am heretonight to deliver a message of unity and strength, and it is a message deeply delivered from my heart.

A new chapter of American Greatness is now beginning.

A new national pride is sweeping across our Nation.

And a new surge of optimism is placing impossible dreams firmly within our grasp.

What we are witnessing today is the Renewal of the American Spirit.

Our allies will find that America is once again ready to lead.

All the nations of the world — friend or foe — will find that America is strong, America is proud, and America is free.

And I do have to say I am amazed at the Democrats who do not applaud a single statement made by the President. You can find the full text here.

UPDATE: I will only mention this report of Trump’s speech that is featured at Drudge because it has the following passage:

Putting some policy meat on the bones, he proposed introducing an Australian-style merit-based system to reduce the flow of unskilled workers — and held out the prospect of a bipartisan compromise with Democrats on root-and-branch immigration reform.

We led the world and the world is now following our example. I will just say that if our Liberal Party can somehow manage to lose the next election in an international environment that ought to be exactly what they ought to have hoped for, they will be remembered as the most incompetent bunch of dimwitted losers in the history of politics.

The non-existent evidence that Trump is a Russian mole

The article is titled, Trump Isn’t Sounding Like a Russian Mole and here are the telltale signs that might indicate he is.

Trump might for example acquiesce in a greater Russian presence and say in the Middle East. He might limit U.S. fracking, helping to prop up Putin’s oil price. He might seek to reduce nuclear weapons stockpiles in ways that give Russia badly needed economic relief from an arms burden that daily pressures the country more, and that accepts a permanent parity between the US and Russian nuclear arsenals, leaving America perpetually hostage to a nuclear balance of terror with a much weaker Russia. He might slash military spending and procurement; rather than steadily building the gap between Russian and American military capabilities, he might slow down and allow the Russians and others to dream of catching up.

In other words, if President Trump really is a Putin pawn, his foreign policy will start looking much more like Barack Obama’s. Will the New York Times and the Washington Post really have the brass to call Trump a traitor for pursuing a mix of policies which came right out of Obama’s playbook?

More to the point:

Obama’s chosen anti-Russia policy mix was as weak and hesitating as such policy can be. The sanctions were a way of pretending to ourselves that we had a Ukraine policy more than offering an actual path to forcing Russia to disgorge its gains. Trump’s policies of fracking and big military build up are more anti-Russian without sanctions than Obama ever thought was practical or wise. . . .

Trump’s actual foreign policy hardly suggests a president in thrall to the Kremlin, and excessive dovishness is unlikely to be the besetting sin of the Trump administration. The more the media locks itself into the narrative of Trump the appeaser, the harder its job will become when the real difficulties of the Trump presidency begin to take shape.

Which leads to this conclusion:

America needs an intellectually solvent and emotionally stable press to give this president the skeptical and searching scrutiny that he needs. What we are getting instead is something much worse for the health of the republic: a blind instinctive rage that lashes out without wounding, that injures its own credibility more than its target, that discredits the press at just the moment where its contributions are most needed.

The left agenda in general and its media shills in particular are in the process of revealing just how hollow and shallow it all is. It can no longer be hidden, and with Trump turning out to be more sure footed than we ever had a right to hope, perhaps this really is a revolutionary moment in the history of the West.