Wednesday, October 18, 2017

Hawaii Judge substitutes his judgement for that of...

The Department of Homeland Security and pretty much every other intelligence agency.
EO-3 suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries 2 would be “detrimental to the interests of the United States".
Basically Derrick Watson believes he knows better than the entire executive branch as to what does and does not constitute something that is "detrimental to the interests of the United States".  His order even admits that the President received recommendations from the Department of Homeland Security before formulating his executive order. In other words, Judge Watson concedes that reasoning is not the Presidents, but came from National Security experts from the Department of Homeland Security who offered extensive research.

But apparently Judge Watson isn't convince that our Nation's intelligence community knows enough, has enough information, or is collectively smart enough to know better than him. Unfortunately for Judge Watson, these sorts of "substitutions" of their own personal opinions over that of the legislation or executive branch generally don't end well for the Judge in question.
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A second mistake that Judge Watson makes is referencing (several times) the 9th circuit court case as a precedent in terms of judging the new E.O. While it's technically true that the 9th circuit court case has not yet been dismissed (as it doesn't expire for another 6 days) the same logic used by the 9th was also used by the 4th and the USSC already dismissed that case (including any of the legal logic that could otherwise be used for precedent).  If, as expected, the USSC does dismiss the 9th circuit court case (as they did the 4th) then a good portion of the legal reasoning Judge Watson uses will also be invalidated.
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I've said it before, and I will say it again. We have the worlds largest and most robust intelligence communities. They are capable of gathering and analyzing data and information as well as anyone.  The fact that a District Judge feels qualified to question the Department of Homeland Defense and basically tell them that they are wrong... is an alarming display of someone who has both a god complex and no clue what the term "separation of powers" means.

2 comments:

commie said...

hey are capable of gathering and analyzing data and information as well as anyone.

Then why does the donnie feel otherwise???? He's so smart...LOL

wphamilton said...

It's more a case of no higher court reversing him yet, so this judge is going to keep doing it and push a little harder.

As I said the first time, I'd just ignore the decision and implement the ban. Send the Constitutional conflict directly to the Supreme Court and settle the question. Checks and balances go both ways, and if one branch is acting illegally then it's up to the other two to correct the situation.