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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]

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UK condemns security breach at Jaishankar meeting in London

The UK Foreign Office has strongly condemned the security breach involving S Jaishankar in London, emphasizing swift police action. India has urged the UK to take stricter measures against pro-Khalistani elements.

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UK police securing area after security breach involving S Jaishankar

The United Kingdom has strongly condemned the security breach involving India’s External Affairs Minister S. Jaishankar in London. The UK Foreign Office asserted that the Metropolitan Police acted promptly to address the situation and warned that any attempts to “intimidate and threaten” are unacceptable.

A pro-Khalistani protester attempted to breach security barricades and shouted anti-India slogans outside Chatham House, where Jaishankar had attended an interactive session at the Royal Institute of International Affairs. The foreign minister, who was on the other side of the road, remained unharmed.

Swift police action

In response to the incident, UK authorities emphasized their commitment to security and law enforcement. “The Metropolitan Police acted swiftly to address the situation,” sources from the UK Foreign Office stated. They further condemned the act and reassured cooperation in diplomatic security matters.

A video circulating on social media showed a man attempting to break through the police cordon and block Jaishankar’s motorcade. However, the individual was quickly apprehended by officers on duty.

India’s response

India has expressed strong disapproval of the incident, stressing that host nations must uphold their diplomatic responsibilities. “We condemn the provocative activities of this small group of separatists and extremists,” Ministry of External Affairs (MEA) spokesperson Randhir Jaiswal said.

“We deplore the misuse of democratic freedoms by such elements. We expect the host government in such cases to fully live up to their diplomatic obligations,” Jaiswal added.

This is not the first instance of Khalistani groups attempting to disrupt Indian diplomatic missions in the UK. In March 2023, protesters pulled down the national flag at the Indian High Commission in London, which led India to summon the senior-most British diplomat in Delhi, demanding an explanation for the “absence of security.”

India urges UK to take action

Following the latest security breach, India has once again urged the UK government to take action against separatist elements operating from British soil. The ongoing activities of pro-Khalistani groups in the UK remain a point of contention between the two countries, with India pressing for stricter measures to curb such incidents.

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NASA astronaut Sunita Williams describes her longest space mission as an emotional rollercoaster

Sunita Williams’ planned eight-day mission turned into a nine-month space stay due to technical faults in Boeing’s Starliner spacecraft. NASA now confirms her return on 19 March.

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Sunita Williams

NASA astronaut Sunita Williams is finally preparing to return to Earth after an unplanned nine-month stay in space. Originally intended to be an eight-day mission, her journey stretched unexpectedly due to technical difficulties with Boeing’s Starliner spacecraft.

Williams, along with fellow astronaut Butch Wilmore, embarked on the mission in June last year aboard Boeing’s new Starliner capsule. This marked the spacecraft’s first crewed flight. However, technical malfunctions surfaced upon their arrival at the International Space Station (ISS), prompting NASA to deem the capsule unfit for their return. Consequently, the agency opted to send the spacecraft back without any passengers, leaving Williams and Wilmore in space indefinitely.

NASA confirms return schedule

With multiple delays over the months, NASA had to wait for a safe alternative. Now, with the upcoming launch of SpaceX’s Crew-10 mission on 12 March, their replacements will finally arrive at the ISS. The returning astronauts, including Williams, are scheduled to depart on 19 March in an older SpaceX capsule.

Emotional and mental challenges of prolonged space stay

Speaking during a press conference, Williams reflected on the challenges of an extended mission. She described the experience as “an emotional rollercoaster,” emphasizing the difficulty of being away from family for such an extended period.

While the ISS provides astronauts with an extraordinary perspective of Earth and space, the psychological toll of isolation and uncertainty has been a significant challenge. Williams’ return will mark the end of an unexpectedly long and complex mission, highlighting both the rewards and difficulties of human spaceflight.

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Latest world news

US Supreme Court rejects Trump’s bid to avoid paying USAID contractors, beneficiaries

Justice Samuel Alito, leading the dissenting conservative justices, criticized the ruling, calling it a reward for “an act of judicial hubris” and arguing that it imposes a $2 billion burden on American taxpayers. Alito contended that Judge Ali lacked the authority to mandate such payments.

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The U.S. Supreme Court on Wednesday upheld a federal judge’s authority to order the Trump administration to pay $2 billion to contractors of the U.S. Agency for International Development (USAID) but stopped short of requiring immediate payment. The 5-4 decision rejected an emergency application filed by the Justice Department, which sought to block the order issued by U.S. District Judge Amir Ali.

Judge Ali had issued a series of rulings demanding the government release funds that President Donald Trump froze through an executive order targeting what he called wasteful foreign aid programs. While the Supreme Court’s decision is a temporary setback for the Trump administration, the nonprofit organizations and businesses awaiting payment remain in limbo. One organization recently laid off 110 employees due to the funding freeze, according to court documents.

Justice Samuel Alito, leading the dissenting conservative justices, criticized the ruling, calling it a reward for “an act of judicial hubris” and arguing that it imposes a $2 billion burden on American taxpayers. Alito contended that Judge Ali lacked the authority to mandate such payments.

The Supreme Court’s decision leaves in place Ali’s temporary restraining order, which had paused the spending freeze. Judge Ali is scheduled to hold a hearing on Thursday to consider a more permanent solution.

The majority opinion, supported by Chief Justice John Roberts and Justice Amy Coney Barrett alongside the court’s three liberal justices, noted that the Trump administration had not challenged Ali’s initial order but only the deadline for compliance, which has already passed. The court instructed Ali to clarify the government’s obligations under the temporary restraining order, taking into account the feasibility of compliance timelines.

Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh joined Alito in dissent.

The Trump administration argued that the situation had evolved since the initial freeze, as it replaced the blanket spending halt with individualized assessments. These assessments led to the cancellation of 5,800 USAID contracts and 4,100 State Department grants, totaling nearly $60 billion in aid.

The funding freeze was implemented following an executive order by President Trump, who criticized foreign aid programs as wasteful and misaligned with his foreign policy objectives. The subsequent lawsuit alleged that the freeze violated federal law and disrupted critical, life-saving programs abroad.

Judge Ali initially ordered the temporary restoration of funding on February 13. However, after nearly two weeks of non-compliance, he set a deadline for the government to release payments for work already completed. The administration appealed, calling Ali’s order “incredibly intrusive and profoundly erroneous” and objecting to the timeline for releasing the funds.

The Supreme Court’s decision underscores the ongoing tension between the judiciary and the executive branch over the administration’s foreign aid policies. While the ruling affirms the judiciary’s role in overseeing executive actions, the delay in payment leaves contractors and aid organizations grappling with financial uncertainty.

As the legal battle continues, the fate of billions of dollars in foreign aid remains unresolved, with significant implications for global humanitarian efforts and U.S. foreign policy.

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