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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

US reiterates its call for fair, transparent, legal process for Delhi CM Arvind Kejriwal, speaks on Congress frozen accounts

The US spokesperson said that they are also aware of the Congress party’s allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections.

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A day after India summoned an US diplomat over their remarks on the arrest of Delhi Chief Minister Arvind Kejriwal in the liquor policy case, the US reiterated its call for fair, transparent, timely legal processes on Wednesday.

Responding to questions on India summoning Gloria Berbena, the US Acting Deputy Chief of Mission in New Delhi, US State Department spokesperson Matthew Miller said that they will continue to follow these actions closely, including the arrest of Delhi Chief Minister Arvind Kejriwal. Notably, the meeting at the foreign ministry’s South Block office lasted nearly 40 minutes yesterday with India objecting strongly to the US remarks on the arrest of Arvind Kejriwal.

Matthew Miller also responded to a question on the Congress party’s frozen bank accounts. The US spokesperson said that they are also aware of the Congress party’s allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections. He added that the US encourages fair, transparent and timely legal processes for each of the issues.

Arvind Kejriwal was arrested last week by the Enforcement Directorate (ED) in connection to the Delhi liquor policy scam. Earlier, AAP leaders Manish Sisodia, Satyendar Jain and Sanjay Singh were arrested in the same case.

The External Affairs Ministry had earlier stated that states are expected to be respectful of the sovereignty and internal affairs of others, and this responsibility is even more so in case of fellow democracies, adding that it could otherwise end up setting unhealthy precedents.

The Ministry further emphasized that India’s legal processes are based on an independent judiciary which is committed to objective and timely outcomes. It mentioned that casting aspersions on India’s legal procedure is unwarranted.

The United State’s remarks followed days after Germany’s Foreign Office stressed that Delhi CM Arvind Kejriwal is entitled to a fair and impartial trial. The Indian government labelled their remark as blatant interference in internal matters.

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5 Chinese nationals killed in suicide bomb attack in Pakistan

This is the third major attack on Chinese interests in Pakistan within a week.

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Nearly five Chinese nationals were killed in an explosion during an attack on their convoy by a suicide bomber in northwest Pakistan on Tuesday. Reportedly, the suicide bomber rammed an explosives-laden vehicle into a convoy of Chinese engineers travelling from Islamabad to their camp in Dasu, situated in the Khyber Pakhtunkhwa province.

Regional police chief Mohammad Ali Gandapur said that five Chinese nationals and their Pakistani driver were killed in the attack. As yet, none has claimed responsibility for the attack. Bisham Station House Officer (SHO) Bakht Zahir asserted that the incident was a suicide blast and the authorities concerned were collecting the evidence.

The Station House Officer further added that security arrangements were tightened at the spot and the bodies were being shifted to a hospital. He added that they will investigate from where and how the vehicle of a suicide bomber came and how it happened. Notably, this is the third major attack on Chinese interests in Pakistan within a week.

Previously, two attacks hit an airbase and a strategic port in the southwest province of Balochistan where China is investing billions in infrastructure projects. Several Chinese engineers and Pakistani construction workers have for multiple years been working on hydroelectric projects as part of Beijing’s Belt and Road Initiative in the western province of Khyber-Paktunkhwa.

Notably, Dasu is home to a significant dam project, has been a target of previous attacks. Earlier in 2021, the attack in Dasu resulted in the deaths of nine Chinese nationals, along with two Pakistani children. The incident occured when a bus carrying Chinese engineers and workers to the Dasu Hydropower Project site was targeted.

There was confusion surrounding the nature of the attack initially, with some reports suggesting it was a bus accident. Nonetheless, subsequent investigations revealed that it was indeed a terrorist attack. The bus was hit by a blast, leading it to plunge into a ravine.

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US bridge collapses after being hit by ship

The rescuers were searching for at least 7 people in the water. Some reports said upto 20 construction workers were there on the Baltimore Bridge at the time of the incident. A video of the incident which was widely shared on social media showed the moment the 3 km long bridge collapsed.

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Major portions of the Francis Scott Key Bridge in Baltimore, US collapsed on early Tuesday morning after it was hit by a large container ship. The incident occurred at nearly 1.30 am (US local time). The Baltimore City Fire department said the collapse is a mass casualty incident.

According to reports many vehicles fell into the river below. The rescuers were searching for at least 7 people in the water. Some reports said upto 20 construction workers were there on the Baltimore Bridge at the time of the incident. A video of the incident which was widely shared on social media showed the moment the 3 km long bridge collapsed.

It seems the vessel had hit one of the supports of the Francis Scott Key Bridge, causing the roadway to break apart in many places and plunge into the water. The ship caught fire and appeared to sink. Grace Ocean Pte Ltd, the registered owner of the ship, and the manager, Synergy Marine Group, said it is a Singapore flagged ship Dali which collided with a pillar of the Francis Scott Key Bridge in Baltimore, Maryland.

He said the exact cause of the incident is yet to be determined; the Dali has now mobilized its qualified individual Incident response service. It added that all crew members, including the 2 pilots who were aboard, have been accounted for and there are no reports of injuries.

The local traffic police said all lanes on both directions of the bridge have been closed and the traffic is being de-toured. Maryland Governor Wes Moore also declared a state of emergency after the collapse of the bridge. The bridge was opened in 1977, spans the Patapsco River, a vital artery that along with the Port of Baltimore is a hub for shipping on the East Coast. It is named after the writer of the Star Spangled Banner.  

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