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Emergency stay granted


Donnelly Stay 20170128

Judge Donnelly stands up to the White House bully.

A federal judge in Brooklyn just issued an emergency stay against the implementation of Donald Trump’s executive order banning immigration from certain predominantly Muslim countries.

This is the yammering yam’s first encounter with the system of checks and balances. I suspect he won’t handle it well.

Update: Full text of stay. See comments for various protests planned for tomorrow.

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  • Tom in BK

    Despite my name, I don’t live in Brooklyn anymore, otherwise I’d have been at JFK with all of those people.

    This isn’t over yet, though. If there are any Boston readers, there’s a protest tomorrow at Copley. 1PM is the start time. See you there.

    • (((Malaclypse)))

      Will be there as well.

    • lmontheinternet

      Got an e-mail about it earlier, hoping to make it. After what’s happened today, I wonder if it’ll be faster to walk the miles than rely on the T. For the sake of solidarity, I kinda hope the T is so packed, it makes more sense for those who can walk, to *do walk*.

      • lmontheinternet

        sorry if that sentiment isn’t entirely coherent. I’ve been crying a lot today while watching this unfold via twitter.

        • Tom in BK

          Walking never hurts if you’re able.

          For what it’s worth, take care of yourself first if shit is getting you really down. I spent a lot of this week on the verge of a breakdown. And then I stopped dry-heaving and started eating again. I figure I’m no use to anyone if I’m in that state, and self-care is important. And, of course, if your issues are more serious than that, reach out to folks. I guarantee you that there are people who will help.

    • postmodulator

      Despite my name, I don’t live in Brooklyn anymore…

      No offense, but I thought it stood for Burger King.

      • Tom in BK

        Well, that’s certainly going to be my story moving forward.

  • I’m hearing that this is only for people currently in transit. It’s Twitter, so grain of sand and all.

  • sigaba

    Stupid Mexican judges.

  • Warren Terra

    Donnelly, eh? Sounds Mexican.

    Also: this is good, but only affects people on US soil, a tiny number. Many more unable to commence their legal, permitted travel, and vastly more unable to leave the country lest they be denied reentry.

    Also, there have been reports of people legally here denied routine visa reversals until the DHS figures out what is orders are, and of institutions revoking invitations to train or study here. Even if this order is completely reversed within days, some people’s lives may be screwed up for decades.

    On a happier note, the CEO of AirBnB tweeted an offer of free accommodation to permitted refugees denied entry. By contrast, Uber tweeted bragging that it’s trying to take advantage of the NYC JFK airport taxi strike.

    • Thom

      As Mexican as Martin Sheen. And George Romney.

      • osceola

        Sheen’s father was from Spain, BTW.

    • Warren Terra

      Er, renewals not reversals. Darn Swype. Just outside the edit window.

    • Ellie1789

      Fucking Uber.

      • Platypus Prime

        Indeed. The “delete Uber” hashtag is gathering strength on twitter. Perfect activism for today’s age, really, when all that’s required is a few clicks.

        Do click the link and read people’s cancellation reasons in their screenshots – it might help restore some of your faith in humanity.

        • Brien Jackson

          This seems like it would be especially effective against a company like Uber, who is heavily reliant on customers in big, dense cities full of liberals and leftists. They can’t just replace those people with Trump supporters living in rural Iowa and Montana.

      • Warren Terra

        FWIW, the Lyft CEO put out a statement saying that a lot of their drivers are immigrants and they stand by them. Lyft didn’t join the cabbies’ strike – and it’s presumably easier for Lyft or Uber to block a location for an hour than for a lot of cabbies to agree to boycott it – but they at least didn’t decide to be jackasses like Uber.

        Relatedly, Google’s Sergei Brin is apparently at the SFO protest, though in a personal and not a corporate capacity.

    • rhino

      Uber has earned my permanent Boycott tonight. Just deleted the app.

  • Roberta

    FYI, protests continue tomorrow. NYC has one in Battery Park at 2 pm.

    • In Boston at Copley Square at 1PM.

      • OK, if I can get a shoe on (I have just broken my toe) I will be there.

    • Hercules Mulligan

      DC, White House at 1PM.

    • q-tip

      LAX, Tom Bradley Int’l Terminal (of course), 1 PM

  • nasser

    A copy of the stay.

  • BiloSagdiyev

    Whether we have a nation of laws depends on how law enforcement feeeeels about obedience to the law now. I fear they’ll feeeel an urge to be more loyal to “their” leader than the system.

  • DamnYankees

    As I said in the other thread – this is when the actual battle begins. Donald Trump and Steve Bannon are not the kinds who would obey a judges rulings. What happens when we have the inevitable clash between the judiciary and the executive? When the courts say “you can’t”, and the executive says “make me”.

    Does anyone think this confrontation can be avoided?

    • Warren Terra

      Sadly, the ruling may affect fewer than a hundred people, all with valid travel documents and being detained in American airports, who could be released from ICE onto the concourse in minutes. Complying with it would certainly be better then defying it, but leaves untold thousands of lives ruined by the executive order and little sign of what will happen to them.

    • upstate_cyclist

      We cannot forget about the federal legislature, which could make this shit explicitly illegal rather than allowing the executive branch to waddle about in between the lines.

      • DamnYankees

        There’s no way they would do that. You’d need them to override a veto by a member of their own party. Have you seen who is in Congress?

        • upstate_cyclist

          Oh I am readily aware of the impossibility of getting a GOP congress to do anything but titter and genuflect at the appropriate times. But it’s important to connect the silence from congressional Republicans and the violence of Donald’s administration. They are part of the whole package. Eyes on the 2018 prize.

          • DAS

            The thing is that the majority of people in a majority of Congressional districts are either GOoPs or Trumpists (or both). Even in the few remaining swing districts, connecting Congress to Trump will motivate Dems and not entirely happy with Trump Republicans to come out against a Trumpist Congresscritter but will also motivate the Trumpistas to come out.

            Is there a way, OTOH, to pressure the GOP and Trump to split more and more often? Demoralize Trump’s supporters with the GOP and demoralize bog standard Republicans with the Trumpistas? Divide and conquer seems a good strategy …

    • osceola

      Andrew Jackson did exactly the “I’ll do what I want” regardless of a Supreme Court ruling regarding the Cherokees’ sovereign rights vs Georgia, which led to Indian Removal.

    • UserGoogol

      There’s certainly a real chance of that (in general, if not necessarily today), but the thing is that in a clash between the president and the courts, it’s civil servants that actually enforce the law. We tend to think of the court as powerless if the president just ignores them, but the dependence on norms goes both ways.

      • DamnYankees

        The civil service is full of Democrats.

        The military, intelligence and law enforcement is full of Republicans.

        I’m not confident.

        • alexceres

          Well, he’s already declared war on the intelligence community, planned to conduct mass layoffs at the CIA, and quite possibly gotten one of their best sources in the FSB arrested for treason.

          Law enforcement is pretty local. They may lean right but they’re still subject to local and state control. Not a bonus in red states, but a definite plus in blue states.

          As for the military… probably his most reliable constituency although they’ll be less happy after copious amounts of dying in Syria.

          • weirdnoise

            Sooner than that. He just threw out the Joint Chiefs as standing members of the Security Council.

            • Ithaqua

              I couldn’t believe it, so I looked it up. The DNI and Chairman of the JCS are being replaced on the Security Council by Bannon and Priebus. I still can’t believe it, but there it is in black and white.

              • postmodulator

                Jesus fuck, that’s some banana republic shit.

                • howard

                  my money is on mattis being the first guy to quit the cabinet.

    • Mike G

      This is in line with long-running Trump Organization bully tactics — break contracts and refuse payment, lie, cheat and do outrageous shit, dare the victim to take it to court, then string it out with delays and stall tactics and armies of lawyers so the victim loses so much money and time that they give up or go bankrupt.

      All of this is well known in Dolt-45’s public history. If his voters didn’t see it, it’s because they didn’t want to.

      • howard

        this is absolutely consistent: i mentioned this is another thread, but on certain things, trump is utterly consistent and has been for decades.

  • Hercules Mulligan

    So, this is the sort of thing that could come down to the presence of Donald Trump’s supreme court justice on the Court.

    I hope, god, just this once, the 48 Senate Democrats are paying attention.

    • West of the Cascades

      Filbuster Trump nominees until 2020. Keep filing cases in liberal district courts in liberal circuits and making the current justices deadlock 4-4 upholding the circuit courts of appeals. Play fucking hardball with the GOP after their year of obstructing Judge Garland. No votes for any Trump nominee, ever.

      • Hercules Mulligan

        Agreed. And if you’re not comfortable with parroting the GOP line, then just say “Trump has proven he cannot be trusted to nominate judges who respect checks and balances/civil liberties/whatever.” and block everyone.

        • humanoid.panda

          The problem is that GOP will blow the filbuster. Which is not a reason not to do it. But we should be clear-eyed about this.

          • Sure, but this will make them own it. It will also mean they can’t blame any of their policies on Democratic obstructionism. Not that will make them less terrible, mind you.

            • DAS

              They will find a way to blame us, e.g. “we wouldn’t have the problems we have if the Democrats worked with us”. And even the liberal media will go along with it.

  • Fidalgo

    This is excellent news!

  • PeteW

    I can’t wait to see the 3AM tweet on this one. Should be biggly.

    This ruling, in it’s narrowness, is a no brainer. Good for him! (Us?)

  • Blathering Christopher

    Has someone contacted the Guinness Book of World Records? This has got to be the fastest a president has ever gotten shot down by a court.

  • Origami Isopod
    • alexceres

      Great. Nazi’s running the NSC. I can’t wait for Amazon’s Man in the High Castle to veer into documentary filmmaking

    • alexceres

      Holy shit, not just that:

      “President Trump’s executive order reorganizing the National Security Council removed the Chairman of the Joint Chiefs and the Director of National Intelligence as regular members of the principals committee”

      If republicans thought they could ride the tiger to victory, they’re deluded. They’re going to burn with the rest of us

      • DamnYankees

        What?? Why?

        • weirdnoise

          The Pentagon may have its wingnuts, but it’s basically old-school conservative. They’ve been opposing Trumpestan his Russian policies all along as well as his policies on terrorism and even on torture.

        • Linnaeus

          If I were to hazard a guess, it’s because Trump does not trust, and is insecure around, the national security professionals on the NSC. So he brings his hatchet man on board.

          • DamnYankees

            It’s very hard not to just think of bannon as wormtongue. Or Iago. Or jafar. That he’s just playing trump to get power in order to do something horrible. Like drop a nuke in Iraq or Beijing to start a world war.

            • sapient

              Putin told him too. SASQ.

      • sigaba

        So like, what can the NSC actually implement without the consent of the JCS or DNI? I assume SecDef is still onboard.

        • Ithaqua

          The Cossacks work for the Czar. They don’t get to “not consent”.

        • UserGoogol

          If I understand correctly the NSC is just an advisory body to the president and doesn’t actually have any legal authority in itself but this doesn’t seem like a recipe for good advice. (And ultimately, the Commander in Chief can overrule the Joint Chief of Staff once a policy is decided on.)

    • Ithaqua

      Priebus too. The NSC will be an organ of the Republican Party, or perhaps more accurately a propaganda tool of the President.

  • Philip

    SFO isn’t releasing people yet so if you’re in the bay and can make it here please, please show up. Bring food, too, lot of people have been here all day and aren’t leaving til they release everybody.

    • (((42)))

      Please update in the morning as to Sunday SFO plans. Thanks.

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