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The Unstoppable Donald

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The Unstoppable Donald

[vc_row][vc_column][vc_column_text]The stay on his executive order banning entry of foreign nationals from seven predominantly Muslim countries to the United States may have been upheld in court, but mere technicalities will not dishearten the American president who has now learnt his lesson and will plan his course carefully 

By Sujit Bhar

US President Donald Trump’s exhortations about “so-called” judges and about how he will have the several bans on his executive order on immigration from seven Muslim states “overturned” hit a huge hurdle on February 9. A three-judge bench of the United States Court of Appeals for the Ninth Circuit was unanimous in upholding the decision of a Federal District Court judge which had stayed the implementation of Trump’s executive order.

The district judge’s order had provided a temporary stay, and the decision of the bench is also a temporary one. If one knows Trump—and of late people have come to know his arrogance a little too well—he will not stop till the Supreme Court.

The order itself, which runs into 28 pages (plus one), has considered the circumstances under which an emergency order was sought from the Justice Department to have the district court ban lifted. And the bench was not satisfied. The court has been able to look into the immediate reality, an area Trump didn’t really care about while placing the blanket ban.

The bench said it considered “several factors, including… the degree of hardship caused by a stay or its denial, and the public interest in granting or denying a stay”. It was a technical judgement, which relied on the wording of the appeal of the Justice Department. The bench said: “We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”

The court order, therefore, does not look into the merits or demerits of the broader Trump executive order. Neither does it need to, at this point. What it needed to satisfy itself with was whether the Justice Department’s appeal to lift the ban itself has merit. The bench found that it does not.

The Justice Department’s appeal was possibly hastily prepared, without paying heed to specifics that seasoned judges would pounce on quickly. When an argument comes in front of judges, asking for the repeal of an order, the issue would be read from the last, backwards. This one got stuck within the periphery of the appeal itself. It had asked for a blanket withdrawal, as was wont, but the argument hinged on a total rejection, without scrutiny, because the two states seemingly cannot sue. The critical reason for rejecting the appeal wasn’t a broad sociopolitical one. It was because, among others, it would not allow eligible and meritorious foreign students to come in and attend universities.

This is a technical glitch for Trump and his band of men. They aren’t going to back out and walk into the sunset. The administration has said clearly that it will use “every legal means” to reinstate Trump’s executive order. So the legal battle continues, while experts look at what is extent of the US president’s power in enforcing an executive order.

Frankly, as it seems today, the powers are calibrated against the president being able to coerce the citizenry into doing things that would be harmful for society.

Interestingly, though “social harm” and national security happen to be the crux of Trump’s order. If national security is taken out of the order, “social harm” would assume immense proportions, with as many interpretations as there are races and sects. That would be hard to negotiate and create a legal minefield. Trump is not averse to walking that minefield, however.

As a beginning, Trump has declared that the district judge who blocked his travel ban remains responsible in the event of an attack on America. He castigated Judge James Robart for placing American lives in “peril”, because the blockade of the travel ban would supposedly result in terrorists from those seven Muslim countries “pouring in” to the country, endangering all.

However strange this contention, it was his primary peg for hanging his travel ban on the wall. That was what gave him the courage to declare, at a gala at the Mar a Lago resort in Florida (where he was holidaying): “We’ll win. For the safety of the country, we’ll win.”

It wasn’t surprising that Trump was quiet (till the time of writing this he has not spoken against the court order), while leaving a hapless Vice-President Mike Pence to cover for him, that too on the administration’s favourite Fox News. Pence has been quoted as saying: “We’re going to continue to use all legal means at our disposal to stay that order and move forward to take the steps necessary to protect our country.”

But The Donald has not been able to take the Mickey out of Pence, it seems. He still possesses a mind that can think. About the district judge’s order Pence has not called it “ridiculous”, like Trump has, but has been quoted as saying: “He (the judge) certainly does (have the authority to block the ban), and that’s why the administration is complying with that order as we speak.”

The fight will continue, and this time the Justice Department and the administration will surely be more careful.

One part of the order of the appellate bench says: “…The necessary connection can be drawn in at most two logical steps: (1) the executive order prevents nationals of seven countries from entering Washington and Minnesota; (2) as a result, some of these people will not enter state universities, some will not join those universities as faculty, some will be prevented from performing research, and some will not be permitted to return if they leave.”

If you read this carefully, probably the fight will not be just about the travel ban. It could well evolve into an avatar against the new anti-H1B acts that are progressing through the law-making processes even as we speak.

That will be another story.[/vc_column_text][/vc_column][/vc_row]

India News

Trump slaps 25% tariff and penalty on India over trade barriers, Russia oil ties

President Donald Trump has announced a new 25% tariff and penalty on India over non-monetary trade barriers and Russian defence links, potentially straining ongoing Indo-US trade talks.

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In a sharp escalation of trade tensions, US President Donald Trump has announced a 25% tariff along with an additional penalty on Indian imports, effective August 1. While terming India a “friend”, Trump accused New Delhi of imposing “obnoxious non-monetary trade barriers” and maintaining excessively high tariffs, which he claimed had contributed to a “massive trade deficit” for the United States.

High tariffs, Russia ties cited as key reasons

The announcement, made via a social media post, came amid ongoing negotiations between India and the US for a proposed bilateral trade agreement. Trump alleged that India continues to procure most of its military hardware and energy supplies from Russia, even as global pressure mounts on Moscow over the Ukraine war.

He wrote, “While India is our friend, we have done relatively little business with them because their tariffs are among the highest in the world and they have the most strenuous and obnoxious non-monetary trade barriers.”

Trump further criticised India’s strong trade relations with Russia, stating that India remains one of Russia’s largest energy buyers, alongside China. This, he said, undermines global efforts to isolate Russia diplomatically and economically.

Bilateral talks under strain

The announcement comes at a delicate moment. A US delegation is set to visit India next month to continue negotiations on the long-pending bilateral trade deal. Last week, the two countries concluded the fifth round of talks in Washington, led by India’s Special Secretary in the Department of Commerce, Rajesh Agrawal, and US Assistant Trade Representative for South and Central Asia, Brendan Lynch.

So far, India has not issued an official response to the tariff declaration.

Trump’s latest tariff directive risks derailing progress made in trade talks and could complicate bilateral relations, especially in the areas of defence and energy cooperation.

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Latest world news

US President Trump hails biggest-ever U.S.-EU trade deal

In a breakthrough moment, the US and EU have signed a trade agreement imposing 15% tariffs on EU goods while unlocking $1.35 trillion in transatlantic energy and investment flows.

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The United States and the European Union (EU) reached a trade agreement that US President Trump hailed as the “biggest ever” deal on July 27. Trump announced that the US will levy a 15 per cent tariff on all imports from the EU after a meeting with European Commission President Ursula von der Leyen at his golf resort in Scotland.

The 15 per cent tariffs will be applied on all EU exports, including Europe’s automobile sector, pharmaceuticals, and semiconductors. Additionally, the 27-nation bloc has agreed to buy $750 billion worth of energy from the United States and commit a further $600 billion in new investments. The agreement aims to stabilise the $1.9 trillion annual trade relationship between the two economic blocs, averting a trade sanction and potential European countermeasures that could have triggered worldwide financial instability.

Trump said that the trade between the two blocs is a good deal for everybody, as it ensures fairer market access on both sides. The EU is also planning to strengthen their defence within NATO, which will result in hundreds and billions worth of military equipment, he added.

Von der Leyen said the deal is good, although 15 per cent is not a small number; it was the best the EU could get, adding that the significant purchases of US liquefied natural gas, oil, and nuclear fuels will come over three years as part of the bloc’s bid to diversify away from Russian sources. The bilateral tariff exemptions have been agreed upon for several strategic products like aircraft, certain chemicals, some agricultural products and raw materials. Von der Leyen aims to secure additional “zero-for-zero” agreements in the coming days, with a particular focus on alcohol.

Since Trump’s return to the White House, the US has imposed several tariffs on the EU. These include a 25 per cent duty on cars, 50 per cent on steel and aluminium, and a blanket 10 per cent tariff on EU goods. The White House has warned these could rise to 30 per cent if no deal is reached.

The bloc had been working hard to negotiate tariffs, especially as crucial industries in France and Germany are already reeling from the levies imposed so far. The deal still needs the approval of all EU member states, whose ambassadors were informed on a visit to Greenland after the deal was struck.

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India News

India issues advisory for citizens in Cambodia amid Thailand border clashes

The Indian Embassy in Cambodia has advised its citizens to avoid border areas amid escalating clashes with Thailand, which have displaced over one lakh people in just two days.

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As tensions escalate along the Thailand-Cambodia border, the Indian Embassy in Phnom Penh has issued a crucial travel advisory urging Indian nationals in Cambodia to avoid visiting or travelling near the conflict-prone border areas. The advisory comes amid ongoing violent clashes that have triggered a significant humanitarian crisis in the region.

In an official statement released on Saturday, the embassy stated, “In view of the ongoing clashes at the Cambodia-Thailand border, Indian nationals are advised to avoid travelling to the border areas.” The embassy has also provided emergency contact details for Indian citizens who may require assistance, including a helpline number and email address.

This warning follows a similar advisory issued a day earlier by the Indian Embassy in Thailand, which asked Indian citizens to avoid travelling to seven provinces near the troubled border. Travellers have been advised to stay updated through Thai official sources, including the Tourism Authority of Thailand’s TAT Newsroom.

Over 1 lakh displaced in two days as cross-border violence intensifies

The ongoing violence has displaced over one lakh residents within just two days, as per international media reports. The border dispute, which dates back to the colonial era when France controlled Cambodia and drew up the original land boundaries, continues to be a flashpoint. Cambodia relies on the French-era maps to assert its territorial claims, while Thailand has disputed their accuracy.

Both countries have approached the United Nations Security Council (UNSC) amid the flare-up. According to reports from regional media, the UNSC convened an emergency session on Saturday to deliberate on the situation and explore options for de-escalation.

Conflicting narratives have emerged regarding the initiation of the hostilities. Thailand accuses Cambodia of escalating tensions by deploying surveillance drones near Thai troop positions, while Cambodian authorities claim Thai soldiers breached a prior agreement and initiated the skirmishes.

As the situation remains fluid and unpredictable, Indian authorities have urged all nationals in the region to exercise caution and remain in touch with their respective embassies.

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