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Thursday, February 09, 2017

Darkstream: striking back

Tonight's darkstream will be at 7:30 PM EST. The replay is here. In case you were one of those affected, please note that I also unblocked the two followers that I mistakenly blocked while dealing with the spammers.

This isn't surprising, but it demonstrates how the Left isn't even pretending to abide by the law anymore:
A federal appeals court ruled that the U.S. will remain open to refugees and visa holders from seven Muslim-majority countries, rejecting a bid by the Trump administration to reinstate a travel ban in the name of national security.

The San Francisco-based appeals court on Thursday spurned the government’s request to close the doors after days of public debate over President Donald Trump’s attacks on the judicial system and a rush of fearful immigrants. The ruling increases the likelihood that the administration will ask the Supreme Court to step into a case that’s the biggest test of Trump’s executive power yet.

The public “has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination,” a three-judge panel said in a unanimous 29-page ruling.
They can discover emanations, penumbras, interstate commerce, and public interests in anything. But as Mike Cernovich said, "The last I checked, we elected Donald Trump president. We didn't elect the 9th Circuit Court."

The 9th Circuit has an 80 percent reversal rate at the Supreme Court.

Labels:

128 Comments:

OpenID aew51183 February 09, 2017 6:39 PM  

Seat Gorsuch and appeal immediately.

Blogger Mr. Excitement February 09, 2017 6:44 PM  

"The 9th Circuit has made their decision, now let them enforce it!"

Anonymous A Deplorable Paradigm Is More Than Twenty Cents February 09, 2017 6:45 PM  

I was just ghost dancing on another thread by asking how the states have any standing at all to sue the Feds over border security; external affairs are the job of DC.

But that's appealing to the zombie known as the Constitution. We are entering the emanation of the penumbra of lex talonis.

@1
Gotta get Senate confirmation.

Blogger Al From Bay Shore February 09, 2017 6:45 PM  

Read the Anti-Federalists' critique of the idea of a national judiciary. #HerbertStoring

Blogger Mr. Excitement February 09, 2017 6:46 PM  

aew51183 wrote:Seat Gorsuch and appeal immediately.

I'm thinking it will be even better than that. He'll just ignore these clowns.

They have NO legal standing. He does.

Anonymous A Deplorable Paradigm Is More Than Twenty Cents February 09, 2017 6:47 PM  

It's a 3-judge panel, so the usual route is to request en-banc hearing by the entire Circuit Court. However a direct appeal to the Supreme Court is available.

Anonymous BBGKB February 09, 2017 6:47 PM  

The public “has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination,” a three-judge panel

The Haitian cheese must flow

"The 9th Circuit has made their decision, now let them enforce it!"

There are thousands of underemployed shitling jew lawyers willing to cry out when they hit ICE officials.

Blogger OGRE February 09, 2017 6:49 PM  

The 9th Cir has been a joke for a long time now. Basically its the California of the federal Appeals courts, and has been attempting to impose its liberal world view on the rest of the judiciary for decades. Unfortunately it also has by far the largest geographical area of all the circuits courts.

Any other circuit and this likely would have gone the other way. The travel 'ban' falls clearly within the powers of the executive branch, probably to the point where even an act of Congress couldn't change it (aside from a Const. amendment or an international treaty).

Anonymous Faceless February 09, 2017 6:51 PM  

What is the point of a hearing on Gorsuch when he was so recently vetted by the Senate and accepted with unanimity? Why not go directly to the votes? Fetch the Harry Reid ramrod, McConnell.

Blogger weka February 09, 2017 6:52 PM  

And detaining Japanese during the last war was illegal how?

Time for some correction while there is still an American imperial.

Blogger weka February 09, 2017 6:53 PM  

Empire, imperium. Phone typo.

Blogger Arthur Isaac February 09, 2017 6:54 PM  

I think someone in the Trump admin knows that to #maga they need to purge the judiciary to specifically deal with that 80℅ number. I think this will be ammo for judicial impeachments.

Anonymous Donald Trump February 09, 2017 6:56 PM  

The 9th Circuit Court is way TOO LARGE! When it started it covered 3% of the US population. Now it covers 20%! It needs to be broken apart. Move the headquarters from San Francisco! We are BEING HELD BACK!

Blogger Jehu February 09, 2017 6:57 PM  

Congress could just abolish the 9th circuit, could it not? Are not all courts inferior to the Supreme court creatures of Congress? That might be more effective honestly than a la carte impeachments of judges when the whole structure of said court is rotten.

Anonymous Icicle February 09, 2017 6:58 PM  

Unfortunately it also has by far the largest geographical area of all the circuits courts.

Knowing SJWs and how they like to co-opt things, do you think that is an accident?

Blogger Jose February 09, 2017 7:01 PM  

Without commenting on the legal or political implications of this matter, I note that

"The 9th Circuit has an 80 percent reversal rate at the Supreme Court."

is what people in professional fields (lawyers, engineers, doctors, management consultants) would consider grounds for professional association action (warning followed by disbarment, suspension of license, firing).

Consider what would happen to a hospital department where 80% of patients were shown to be misdiagnosed (in the autopsy, perhaps). Or an engineering firm that had 80% of its projects fall apart. Or a management consultant that had 80% of clients follow his advice right into bankruptcy. Or an accounting firm where 80% of customers get fined by the IRS.

This is not about politics or law, it's basic performance and competence assessment.

Of course it would be here, in the People's Democratic Republic of San Francisco...

Blogger Lazarus February 09, 2017 7:04 PM  

The 9th Circuit has an 80 percent reversal rate at the Supreme Court.

Doesn't seem to put them off their game any. You would think with a record like that, they would be a little more humble.

Maybe jurisprudence isn't actually their main hobby.

Anonymous Roundtine February 09, 2017 7:07 PM  

The 9th Circuit should be impeached, it's acliwn show. Put the cuck GOP senators on the spot.

Blogger Sam Lively February 09, 2017 7:09 PM  

Pat Buchanan's latest is a beaut.

Time to clip the court's wings!

Anonymous John McCain February 09, 2017 7:09 PM  

I ended up getting locked in the broom closet on the way to the subcommittee. Wrong door.

And not ONE OF YOU helped me.

I almost shit myself before I could get to the bathroom.

Anonymous Non-brutalist February 09, 2017 7:10 PM  

The Constitution = 1

Trump Dumpster Fire = 0

Anonymous Bobby Farr February 09, 2017 7:12 PM  

What laws are judges like this breaking when they essentially act as mini-dictators and attempt to usurp rule from the rightful officials under the constitution? I assume it is "bad behavior" and ground for impeachment but it would be more satisfying if it were a crime that carried imprisonment or execution.

Anonymous Icicle February 09, 2017 7:14 PM  

The word everyone is searching for is kritarchy.

Blogger OGRE February 09, 2017 7:15 PM  

To be fair, the average reversal rate for all circuits is close to 70%. That includes the 9th of course skewing it upwards.

Anonymous damntull February 09, 2017 7:15 PM  

What the fuck kind of ruling is this? Word-thinkers, all of them!

Anonymous BBGKB February 09, 2017 7:18 PM  

Consider what would happen to a hospital department where 80% of patients were shown to be misdiagnosed (in the autopsy, perhaps)

All you need is a 0.01% chance of frivolous lawsuits to be rich, or lawfare to get your way.

Blogger Rusty Fife February 09, 2017 7:18 PM  

@21. Non-brutalist

The Constitution = 1

Trump Dumpster Fire = 0


Are you not entertained?

Anonymous Friend from Vietnam February 09, 2017 7:21 PM  

Greeting friend from Vietnam here. Sorry my English bad. But friends at Daily Thunderstorm tell me those responsible for this ruling mandate are Juice. They say these Juice have a holy book called the Almond which instructs them to be deviant and devious using courts. Can please confirm the truth of these Juice?

Blogger bobby February 09, 2017 7:22 PM  

"The 9th Circuit has an 80 percent reversal rate at the Supreme Court."

But the timing . . .

Right now, pre-Gorsuch, the Court will undoubtedly vote 4-4 which will mean the lower court ruling is upheld.

Blogger Ken Prescott February 09, 2017 7:22 PM  

General Augustino Pinochet, please pick up the white courtesy phone.

Blogger praetorian February 09, 2017 7:23 PM  

Federal Immigration Law, Section 1182(f): Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens of any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate

National Guard, this court has lost her composure.

OpenID aew51183 February 09, 2017 7:23 PM  

@30

This is why they nuke-option Gorsuch tomorrow.

Blogger Rusty Fife February 09, 2017 7:24 PM  

@28 friend from Vietnam
Greeting friend from Vietnam here. Sorry my English bad. But friends at Daily Thunderstorm tell me those responsible for this ruling mandate are Juice. They say these Juice have a holy book called the Almond which instructs them to be deviant and devious using courts. Can please confirm the truth of these Juice?

All true. And the juice smells worse than Durian.

Blogger Nick S February 09, 2017 7:33 PM  

Couldn't he just write a new order restricting entry from any country with inadequate records as deemed appropriate by the department of homeland security?

Anonymous karsten February 09, 2017 7:34 PM  

Buchanan's new article on this topic is a must-read:

http://www.vdare.com/articles/pat-buchanan-trump-must-break-judicial-power

Seriously, who judges the judges?

That seems to be the question upon which civilization itself is coming to depend. It was judges that destroyed California.

(Granted, of course, that everything that happens in the judiciary is ultimately downstream from culture; but I'm speaking in the immediate.)

Given that they are not "divinely" appointed or endowed, what gives judges the right of final say on everything?

The only way one could accept that judges can make dictatorial decisions is if there were a "god" and judges knew His will.

Since there isn't,
(YMMV,)
and they don't,
(on that, at least, we can all agree,)
they're just guys with opinions, like anyone.

So what gives them the last word, other than custom?

Blogger Thurston Pilgrim February 09, 2017 7:37 PM  

When I hear Michael Savage talk about the 9th circuit court, it is quite delicious, the vileness and repugnant stench is felt in his utterance of their name.

Blogger praetorian February 09, 2017 7:53 PM  

All the indignant, well-written right wing commentary in the world amounts to a hill of beans...

Mao was right.

Blogger praetorian February 09, 2017 8:00 PM  

The law, as such, is crystal clear here.

There is no law, only power now. It has been like this for a long time, of course, but this is so obvious that even the most earnest conservative should be able to figure it out.

Blogger David The Good February 09, 2017 8:02 PM  

This famous garden writer hereby awards (one) golden starfruit to Rusty Fife for knowing what a durian is.

Blogger Ken Prescott February 09, 2017 8:04 PM  

In the near term, Trump should simply shut down ALL immigration (permanent resident aliens excluded). They can't claim it's discriminatory...

Blogger SteelPalm February 09, 2017 8:06 PM  

Another good stream, Vox.

Tactically, is it better for the God Emperor to appeal to the Supreme Court, or to openly defy the courts a la Andrew Jackson, as you have cited before?

Anonymous Icicle February 09, 2017 8:07 PM  

General Augustino Pinochet, please pick up the white courtesy phone.

https://www.youtube.com/watch?v=CqphlLgOlEM

Donald Trump: High energy! One of the great moments of the eighties! Gravity wins!

Anonymous BBGKB February 09, 2017 8:09 PM  

I always miss the last couple of seconds on the broadcast and have to reload it. If others have this problem maybe VD could just let the camera show his chair for a couple seconds at the end so we don't miss the ending point.

This famous garden writer hereby awards (one) golden starfruit to Rusty Fife for knowing what a durian

Knowing edible and poisonous plants in your own growing zones is more important, especially if you are going to be serving a wise latrina from the supreme court.

Blogger Were-Puppy February 09, 2017 8:10 PM  

@21 Non-brutalist
The Constitution = 1

Trump Dumpster Fire = 0
---

*Flips the 8th bit*
The Constitution = -1

Trump Dumpster Fire = 0

Blogger VD February 09, 2017 8:11 PM  

Tactically, is it better for the God Emperor to appeal to the Supreme Court, or to openly defy the courts a la Andrew Jackson, as you have cited before?

He should openly defy them. They're openly challenging him.

Blogger Were-Puppy February 09, 2017 8:11 PM  

@28 Friend from Vietnam

They say these Juice have a holy book called the Almond which instructs them to be deviant and devious using courts. Can please confirm the truth of these Juice?
--

First you must listen to every Almon Brothers album, and then return, grasshopper

Blogger Were-Puppy February 09, 2017 8:13 PM  

@30 bobby

Right now, pre-Gorsuch, the Court will undoubtedly vote 4-4 which will mean the lower court ruling is upheld.
---

Why? If they aren't going to abide by the Constitution, why should anybody else? Have Pence go in there and throw the tie breaking vote.

Blogger Were-Puppy February 09, 2017 8:14 PM  

Then again, maybe these judges get rolled up in the Glorious Sessions Pizza Gate Inquisitions

Anonymous Gen. Kong February 09, 2017 8:15 PM  

Juan 'Batshit' McAmnesty:
I almost shit myself before I could get to the bathroom.

You shit yourself every single time you open your mouth, Juan. There used to be this doctor, I think his name was Kervorkian, who had a cure for your problem.

Blogger Mountain Man February 09, 2017 8:18 PM  

Today while sitting in the waiting room waiting for the truck to be worked on I could hear three of the salesman out on the floor talking. It was very early a.m. and no audience was around to hear them. All of them were very clearly major Trump supporters. The topic of the courts ruling on the immigration ban came up . I overhead one of them say " its high time these justices be impeached". Now this isn't some diehard constitutionalist talking but an everyday guy. The tide is beginning to turn. I think if Trump were to go full blown Jackson and defy these black robed clowns - the majority of the people would back him

Blogger Durandel Almiras February 09, 2017 8:19 PM  

Anyone notice when you open the Periscope app it says "Proudly made in America by immigrants."

I really hate these a-holes in tech.

Blogger herfsi February 09, 2017 8:20 PM  

"The public has an interest in free flow of travel, avoiding family separation, & freedom from discrimination” Muhh Freeedums! uhh, the public has an interest in NOT being blown up! that court values PC-ness over our safety. same goes for when news doesn't give the race of the perp: They value PC > our safety. I value NOT being blown up by 'sploding muslims > their freakin' free flow of travel.

Blogger SB Wright February 09, 2017 8:24 PM  

Really enjoying the Periscopes, Vox. Joined the Burn Unit. Glad to be able to help out where I can.

Blogger Were-Puppy February 09, 2017 8:24 PM  

@35 karsten
Given that they are not "divinely" appointed or endowed, what gives judges the right of final say on everything?
---

The same question I keep asking. They are 1/3 of the government structure. They have no more say on what is constitutional that congress or the executive.

But that is scary and nobody wants to go there.

Blogger Mountain Man February 09, 2017 8:27 PM  

Congress could just abolish the 9th circuit, could it not?

Kongress - even with the Rethuglicans in power- is filled with the biggest group of comprised fucktards. The bulk of them are either bought or blackmailed - or some combination of the two.
You are now reading that Eye of Soros gave money to such illustrious losers as Cuck Ryan and Juan McInsane. Guys like this and other dirtbags like McTurtle are hellbent on throwing sticks in the spokes of the Trump train, every chance they get..all while posturing to the public that they really support his agenda.

Anonymous A Most Deplorable Paradigm Is More Than Twenty Deplorable Cents February 09, 2017 8:27 PM  

@8 Ogre
Any other circuit and this likely would have gone the other way.

Why, it's almost as though some Soros minion went judge-shopping. Shocking!

Blogger James Dixon February 09, 2017 8:29 PM  

> Couldn't he just write a new order restricting entry from any country with inadequate records as deemed appropriate by the department of homeland security?

Why not just write a new order halting all entry? It wouldn't get a worse reception. And then they would have to sue to block it.

> Mao was right.

Of course he was. Now, who has the guns? Trump or the 9th circuit?

Blogger praetorian February 09, 2017 8:32 PM  

Why? If they aren't going to abide by the Constitution, why should anybody else? Have Pence go in there and throw the tie breaking vote.

Exactly. Set Pence up in a mech suit and send him in blasting, all set to synthwave.

Law doesn't have anything to do with this now.

Blogger VD February 09, 2017 8:33 PM  

Really enjoying the Periscopes, Vox. Joined the Burn Unit. Glad to be able to help out where I can.

Great, thank you. Thanks so much for your support! I'll have an email going out to all Burn Unit members telling them how they can get the Burn Unit shirts. People really seem to like them.

Anonymous Just another commenter February 09, 2017 8:33 PM  

A co-worker was crowing about the decision. I thought it sounded a lot like a rabbit holding the bait over her head shouting "free food, aren't we great!" I'm newer there, so I just said "it'll get overturned on appeal." I don't have the employment thing locked up tight enough to tell her:

Game it out. What are the next steps and possibilities?
It can stand, or it can be overturned. There can be another terrorist attack by people from those nations, or not.

If the stay stands, and there is a terrorist attack from any of those seven nations, Trump has a rhetorical kill-shot: I tried to keep you safe, but the left wants dead Americans! Pathetic, but not unexpected!

If the stay stands, and there isn't a terrorist attack, he can shout: Look at all the other things, X, Y, Z, that I had to do to keep Americans safe! The left didn't want the cheap, fast, and easy solution! They love waste and laws!

If it's overturned and reinstated, Trump has a rhetorical kill-shot: I know what I'm doing, and they don't know the law, but they say *I'M* the amateur! They play politics with American Lives! They lose AGAIN!

No mater how it plays out, he wins the rhetoric war with tweets, bypassing legacy media... who will continue to talk to themselves and wonder why he's up 50 points.

Anonymous Aragorn February 09, 2017 8:36 PM  

http://www.zerohedge.com/news/2017-02-08/globalists-want-destroy-conservative-principles-they-need-our-help

As an alternative analyst I am privy to trends in the liberty movement and in conservative circles that might not be immediately obvious to casual readers. Already, I am witnessing calls among conservatives to abuse government power to defeat the Left. I have seen comments such as:

“Trump should use the NDAA to imprison these leftists indefinitely…”

“The only solution is to throw the leftists into FEMA camps…”

“Trump needs to shut down the leftist media…”

“Sometimes it is okay to bend the rules of the constitution if you have the right president…”
And comments like this are popping up everywhere in liberty media boards. Now, I recognize that some of this talk is being posted by paid disinformation agents and provocateurs, but, I have heard regular conservatives and patriots, people who are long time proponents of the Constitution, echo similar sentiments.

I often use the analogy of the “One Ring” from The Lord Of The Rings to describe big government power. I really can’t find a better fictional symbol. Anyone who comes into possession of the “one ring” is eventually corrupted by it. Many good people believe that its darker energy can be contained and directed for good purposes, but they, too, are ultimately undone by it. The only answer, the only solution, is to abandon the ring, or to destroy it.

Blogger Mountain Man February 09, 2017 8:36 PM  

"Fetch the Harry Reid ramrod, McConnell."

All he would do with it is hit Trump on the head ( metaphorically speaking of course) - while his back is turned.
That old fossil is as untrustworthy as Shmuck Schumer.
It was pretty brilliant to make his wife the head of DOT. Thats one way to keep your enemies close to you.

Blogger Were-Puppy February 09, 2017 8:37 PM  

Imagine there is a terrorist attack. Or a terrorist bust preventing an attack, in the near future.

Trump should send Homeland Security to round up all three of those judges and toss them in the can. Charge them with aiding terrorists.

If they aren't already in jail from the Pizza Monster Inquisition.

Anonymous eddie February 09, 2017 8:38 PM  

Reading the 80% reversal rate as if that means "80% of the 9th circuits rulings are overturned" is erroneous. The large majority of circuit court rulings -- over 90% -- either aren't appealed to the Supremes or aren't granted cert (that is, the SC declines to hear the case). ALL the circuit courts have overturn ratings of over 50%, because the SC only agrees to hear a case if they think there is a good chance they will overturn.

None of which mitigates a shitty ruling, but facts matter.

Blogger tz February 09, 2017 8:40 PM  

Meanwhile (I've not watched yet) on the Dangerous Chickenhawk Tour in Marquette.

Blogger Were-Puppy February 09, 2017 8:46 PM  

@61 Aragorn

Sorry bud, but being more worried about "muh conservative principles" makes you either a neocon like lil benji or a Cuck.

We are interested in winning. Not losing honorably.

Anonymous NateM February 09, 2017 8:50 PM  

before I read anything further about the challenge when it first came up I knew it was the 9th. They are a national joke, coming up with bullshit just to hope something sticks.

Anonymous #8601 February 09, 2017 8:53 PM  

The Persicope bottom banner on the iphone app says "Proudly made in America by immigrants". LOL

Blogger Nick S February 09, 2017 8:58 PM  

Some illustrative relevant coincidence always "magically" happens to prove Trump's point. God help us, I don't expect this time will be any different.

"Why not just write a new order halting all entry? It wouldn't get a worse reception. And then they would have to sue to block it.

I suppose, but I was thinking he could issue a new sufficiently ambiguous order with slightly different wording every week until the opposition gives up. I have no doubt he can simply work them into the ground or drive them completely insane.

Blogger Cail Corishev February 09, 2017 9:00 PM  

This ruling was a tactical mistake by the left. At best, it gains them a delay in Trump's policy, on behalf of a fairly small number of people. Trump has a few different ways to counter it, any of which will win in the long run.

For this minor gain of a delay, they've exposed the fact that they were never willing to make any compromise on immigration. All the talk about "comprehensive immigration reform" was a lie (we knew that, but most didn't). If they'll go to these lengths to keep the flow coming from terrorist-sponsoring countries, there's no reasoning with them, and normal people will understand when Trump forges ahead without consulting them or bothering to negotiate. They're making the case themselves for jumping to a full moratorium.

Anonymous BBGKB February 09, 2017 9:01 PM  

OT: West Virginia needs a jew dyke anti-gun, anti-Christian, socialist lawyer to govern them instead of someone with their own interests

Extremely tempted throw my family in the car, move to West Virginia and spend the next 23 months doing everything possible to unseat Manchin

http://twitchy.com/gregp-3534/2017/02/09/when-do-you-leave-sally-kohn-extremely-tempted-to-move-to-wv-to-help-defeat-joe-manchin/

Anonymous Icicle February 09, 2017 9:02 PM  

Sally Kohn? The artist formerly known as woman.

Blogger weka February 09, 2017 9:05 PM  

Why does periscope signal another good reason to shut the H1boopholr slave loophole?

Proudly made in the USA by indentured servants is more like it.

Blogger Cail Corishev February 09, 2017 9:05 PM  

Anyone who comes into possession of the “one ring” is eventually corrupted by it.

You're too late; some other very concerned individual stopped by to make this boneheaded complaint a week ago. Wanna guess how much we cared?

Anonymous BBGKB February 09, 2017 9:08 PM  

Sen Schumer accidently tells the truth that Dems don't want to make American great
http://twitchy.com/sd-3133/2017/01/09/whoops-sen-schumer-deletes-possible-freudian-slip-but-not-quickly-enough/

Blogger Cail Corishev February 09, 2017 9:09 PM  

"Proudly made in America by immigrants"

This is probably a fib anyway. I don't doubt that they have some H-1B indentured servants on the team; but I'd be very surprised if the bulk of the coding on their software wasn't done by white nerds, like everything else of value.

Anonymous krymneth February 09, 2017 9:15 PM  

The "just defy the judiciary" option has the advantage that it's not going anywhere. I wouldn't necessarily call it the "last resort", but it isn't necessarily the first thing to reach for just because it would be fun and make you cheer, either. Defeating the stay through the court system has a number of advantages, too; in particular, getting the Supreme Court to rule in its favor essentially cuts off the avenue of legal resistance and demonstrates conclusively that the judiciary isn't going to stop Trump because (at least within reason) the Supreme Court is going to have his back. It puts a huge damper on those people who think they can nail Trump with lawfare.

Whereas just defying them gives an avenue for peeling away some of the squishy middle, right when Trump really needs to be consolidating them. It's an option, but it's an expensive and dangerous one.

In an earlier post I mused that I think it's quite likely the end of Trump's term will involve putting a whole lot of limits on executive power. Why? Because the goal here isn't just to do things today, only to see them overturned tomorrow by the next President. The goal is to cement the changes into place, to the extent possible, so limiting the executive branch on his way out will ensure his successor can't do to him what he is doing to Obama. Just defying the judiciary doesn't cement the immigration changes into place. The goal is to change the judiciary. To do that, Trump needs the support to do it from the people. To get that, Trump needs to let them give themselves rope to hang themselves with. I expect to see Trump over the next few months maneuver the mid-level judiciary into making unpopular leftist decisions, to wear them down in the public eye, for as long as "the resistance" continues to act blindly and predictably without updating their internal threat model of Trump. Which really, really ought to happen at some point, though I sort of thought I'd see more glimmers of that by now than I have.

And then, should that fail, defying the judiciary is an option.

(Just the faintest traces of self-awareness here and there, instantly denounced as thought-crime. As the great left-wing strategist Uzt Nus said, you must never seek to understand your enemy, lest you become him.

Anonymous Überdeplorabe Psychedelic Cat Hair February 09, 2017 9:23 PM  

BRING ON GORSUCH! MOAR WINNING!!!!

Blogger Lazarus February 09, 2017 9:23 PM  

striking back

https://www.campusreform.org/?ID=8763

"alleged" assaulter Eric Canin email here:

http://anthro.fullerton.edu/People/PartTime_Faculty.aspx

Anonymous Eric the Red February 09, 2017 9:42 PM  

The strategy is first the district, then the circuit, then the SCOTUS? That way Trump will be in court for the next 1000 years, because one favorable ruling by SCOTUS is not going to stop the left from attacking everything else that Trump tries to do.

This is the left we're talking about. They own the court system. They know that whoever interprets the law, owns the law. They will not stop using that weapon to seriously harass and slow down Trump's agenda. This is not hard to understand.

Blogger Snidely Whiplash February 09, 2017 9:57 PM  

Mountain Man wrote:Guys like this and other dirtbags like McTurtle are hellbent on throwing sticks in the spokes of the Trump train, every chance they get..all while posturing to the public that they really support his agenda.
Thing is, trains wheels don't have spokes. They are, however, very very efficient at amputating limbs and heads.

Anonymous Rocklea February 09, 2017 10:16 PM  

I quite like the 'high tide' analogy. In diving terms the transition is called slack water. It's generally the best time to dive as your boat can remain anchored and is easy to find. Soon we will be drift diving as the tide starts going out. The alt-right will be there to pick up the divers, a refuge from the currents of time.

Blogger Were-Puppy February 09, 2017 10:16 PM  

@74 Cail Corishev
Anyone who comes into possession of the “one ring” is eventually corrupted by it.

You're too late; some other very concerned individual stopped by to make this boneheaded complaint a week ago. Wanna guess how much we cared?
---

Yeah, someone let these bitches know we are collecting rings like Sonic the Hedgehog around here

Blogger Harold February 09, 2017 10:23 PM  

ALL the circuit courts have overturn ratings of over 50%, because the SC only agrees to hear a case if they think there is a good chance they will overturn.

Or if there are two contradictory circuit court rulings on substantially the same issue that need to be resolved. Like, for example, this one.

Blogger VFM #7634 February 09, 2017 10:32 PM  

Tactically, is it better for the God Emperor to appeal to the Supreme Court, or to openly defy the courts a la Andrew Jackson, as you have cited before?

He should openly defy them. They're openly challenging him.


@45 VD
And to think that people are tut-tutting about Trump's sounding off about that "so-called judge"... clearly, Trump appears to be one of the few people willing to question activist pseudo-judges rather than just take their stupid rulings.

I'm guessing he's playing along only as long as he thinks it's in his interests to do so.

Anonymous EH February 09, 2017 10:34 PM  

Their ruling was beyond their proper powers, even to hear the case without jurisdiction or standing of the complainant was ultra vires. When a government official does something beyond his proper powers, that act is solely their own, not an act of their office, the act is legally void, and the official has no immunity. (Judges don't apply this to judges, but then they wouldn't.)

The Constitution does not require judges be impeached before they can be charged with crimes. Congress can invest the executive with the power to declare acts or rulings to be judicial bad behavior and to remove judges from the bench.

Blogger Lazarus February 09, 2017 10:35 PM  

Eric the Red wrote:They will not stop using that weapon to seriously harass and slow down Trump's agenda. This is not hard to understand.

It matters not.

Sow the wind, reap the whirlwind.

law of nature.

Blogger Robert Divinity February 09, 2017 10:43 PM  

To get that, Trump needs to let them give themselves rope to hang themselves with. I expect to see Trump over the next few months maneuver the mid-level judiciary into making unpopular leftist decisions, to wear them down in the public eye, for as long as "the resistance" continues to act blindly and predictably without updating their internal threat model of Trump. Which really, really ought to happen at some point, though I sort of thought I'd see more glimmers of that by now than I have.

And then, should that fail, defying the judiciary is an option


This is where I am, with a drop dead date, and think Trump/Bannon are at the moment.

The Ninth Circuit tonight in plain view gave sanction to dissolve the American nation. The immediate strategy must be to keep out as many Syrians and other Muslims first and then all other migrants. Rather than risk impeachment and become distracted, let the courts sacrifice all the credibility and prestige they have left and first try to defeat them to the extent the rigged system allows. And if that fails or drags on for too many months, simply go full Jackson. At that point, the congressional GOP may be too afraid of an enraged public and possibly mad themselves to get all taxed about the non-existent muh Constitution.

To bolster spirits in the interim, Trump can dissolve DACA tomorrow and that's not reviewable. I would advise him to do so.

Blogger Mountain Man February 09, 2017 10:44 PM  

"Thing is, trains wheels don't have spokes. They are, however, very very efficient at amputating limbs and heads."

Old style trains do/did.
https://www.youtube.com/watch?v=veZIJMOKAMI

Regardless - Lets hope that many a cuck/neocon appendage will be taken off.

Blogger Benjamin Kraft February 09, 2017 10:50 PM  

@61. Really, Aragorn, equating counteraction to human law and human government as the One Ring? Your analogy is willfully flawed, you treasonous shill.

#1: If so, the enemy already has the One Ring.
#2: Human law and human government have no implicit claim on good. In truth, to the contrary since humans are fallen beings, evil has had an implicit claim on human law and government which have not accepted the ransom of our Savior from evil.
#3: Some of the law and some of the government have been co-opted, corrupted, twisted and distorted by the evil of our opposition. Bowing to that is bowing to evil, which I will not do.
#4: I will support those parts of the law and the government which cling to the good, all else may burn in hell from whence it comes and to whence it shall return.

If this results in the collapse of our republic into an empire, let it be so.

Semper fidelis, ad Dei gloriam, est victor nici Dei, vae victis.

Blogger Chris Robertson February 09, 2017 10:51 PM  

I don't normally like to plug my stuff, but since Vox correctly said "the hate is real" in the Darkstream, I thought I'd mention a moral defense of hatred I wrote recently:

http://a.co/fPPwpWx

I imagine most people here are already on board with hate being a morally permissible, even a morally good thing, but there's a section at the end that deals with some of the theological difficulties which I think cause many Christians in particular to get hung up on the subject.

Anonymous Osbert February 09, 2017 10:52 PM  

Trump could get the last laugh by expanding the Supreme Court and appointing a bunch of good men straight away. No need to wait for Ginsburg & friends to retire.

Blogger Benjamin Kraft February 09, 2017 10:54 PM  

@80. Eric, precisely.

Let It Die.

Blogger dienw February 09, 2017 10:55 PM  

I believe Trump has come to the Rubicon.

Blogger Benjamin Kraft February 09, 2017 10:58 PM  

Honestly? They ought to be disbarred, tried for treason, and hanged or shot for it. This isn't complicated, but it will obviously take some time and the utilization of all available force.

Blogger Benjamin Kraft February 09, 2017 11:00 PM  

@91. Chris, in many cases, hatred is not only a moral right and privilege, but a moral duty. It doesn't need defense at this point, it needs offense.

Anonymous A Most Deplorable Paradigm Is More Than Twenty Cents February 09, 2017 11:09 PM  

Someone at Sailers points out that 0bama bombed or droned 5 of the 7 countries on the immigration freeze list. So Trump should just order the commercial airports in those countries bombed, citing the 0bama precedent.

Blogger Chris Robertson February 09, 2017 11:11 PM  

@Benjamin, that is my argument.

I had a conversation with a Catholic priest a week back, and he believed that it was "never acceptable" to hate another human being. I disagree with his theology, but suspect many others who are less educated intuitively believe that the bible teaches what the priest believed. Since I believe--as VD does--that Western Civilization will not survive without Christianity, I think it's important that we start giving Christians theological permission to hate, and not just in their hearts, but Urban II style. It's time to party like it's 1095.

Blogger Crush Limbraw February 09, 2017 11:11 PM  

My only question is - is this appeal a tactical move or legal advice? I'm patient enough for the first - if it's the second, we're in deep doodoo!

Blogger DemonicProfessorEl February 09, 2017 11:29 PM  

Were this a more creative era (say, 200 years ago), Trump would merely state that the 9th Circuit has attempted a coup by stating that US law is not the law, that their council unilaterally decides what is law, and has the power to create them.

In a very literal sense, the 9th Circuit is willing to let in those who have declared war on the US and its citizens, and knowingly. Their usurpation of state and national constitutions and aiding enemies of the Republic is treason. Quite literal treason.

In a more, shall we say, traditional era, anyway.

Blogger DemonicProfessorEl February 09, 2017 11:33 PM  

Benjamin Kraft wrote:Honestly? They ought to be disbarred, tried for treason, and hanged or shot for it. This isn't complicated, but it will obviously take some time and the utilization of all available force.

Hahaha, agreed. [FIGURATIVELY OF COURSE]

Really though - how hard is it to go "Oh look, these organization declared war on the USA, Europe, and their people."

The 9th Circuit Court would have protested World War 2 on the grounds of "some Germans and Japanese vote for our political party. Ignore Hitler's and Tojo's declarations of war and attack. Psh, what are you guys, racists? Also, let's give them bombs and votes. Take that FDR and racist Amerikkka!"

We all know what would've happened in 1941 had today's 9th Circuit Court done what it's doing now.

FDR would have looked the other way while some "hunting accidents" occurred.

Blogger Quilp February 09, 2017 11:49 PM  

Way off topic, but...A friend gave me a dvd set of Tinker Tailor Solider Spy (BBS miniseries), because he knew I read Tom Clancy novels many moons ago. My God, its an English celebration of cuckoldry. It's actually disgusting. Don't get me wrong, John Le Carre is an engaging writer to be sure, but his hero makes Anthony Weiner look like a ladies man. And now I can never watch Alec Guinness without thinking of this horrible performance, of an even worse character.
Needed to rant- thanks

Blogger peter blandings February 10, 2017 12:12 AM  

i haven't seen the dark stream yet nor read all the comments so i don't know if this has been said before. the judiciary is CLEARLY USURPING the power of the executive branch. it would be a catastrophic mistake to go any further with court proceedings. to do so would acknowledge the usurpation as legitimate and thus surrender to the treasonous judicial overthrow of the u.s. government. it was a mistake to even acknowledge the initial court intervention and it has to be stopped here. the proper constitutional path from here is to arrest any and all judges who have participated in this travesty, charge them with treason and throw them in jail. the defense of our borders is not a judicial matter; it is an executive matter. national sovereignty is not a judicial matter; it is an executive matter. the constitution lays that out very clearly. this is not a domestic legal matter, the way abortion could possibly be construed as such, and thus falling within the purview of the courts. any customs agent, border patrol agent, any law enforcement agent who disobeys trump's executive order regarding the travel ban should be instantly arrested and charged with treason. this is no time to be dicking around.

Blogger haus frau February 10, 2017 12:15 AM  

@61 If you are getting jumped in a street fight and you insist on holding to Marquis de Queensberry rules then you are a fool. Perhaps you can comfort yourself with the resolute nobility of your foolishness but you are still a fool and your Marquis de Queensberry fighting rules will die with you because you weren't willing to acknowledge the reality of your opponent's behavior. Abiding by constitutional rules and limitations that our opponents piss all over on a daily basis only ensures the permanent death of the limited government tradition in this country. Pinochet was right.

Anonymous Sam the Man February 10, 2017 12:29 AM  

I do hope Trump has the power to defeat this. He simply must or he will fail as a president. He cannot fail, as if he does the nation fails.

If it takes ignoring the court, so be it. Given the law is clear as a law can be, and the courts have decided to simply ignore it in their decision, the court must be crushed by whatever needs to be done.

I do not like power grabs but the court has made one and he must crush them. Unless the Supremes come out and crush this, then the President has to defend to constitution. Having courts decide basic law (like they have settled all the great questions of the past 40 years) is clearly against the idea of self governance. The law of a self-governing nation cannot be decided by non elected intellectual pin heads who garnered their world view form Harvard and Yale. Unless the Supreme court overturns this and soon, they have declared the federal courts to be a domestic enemy to the constitution, making a fearful power grab.

That said I fear for the nation if it comes to that, but regardless of what he has to do, Trump cannot let this stand.

Blogger Bernard Brandt February 10, 2017 12:33 AM  


Cthulhu suggests three entirely constitutional ways to avoid the effects of the recent 9th Circuit decision interfering with the recent executive order placing a temporary ban on immigration from seven countries.

1. Amend the ban to extend visas to those students, teachers, doctors, nurses, etc. applying to state schools, hospitals, and other agencies. Then reapply the ban to all other immigrants. The 9th Circuit court decision was based upon standing to sue. If the ban does not apply to those with state interests, then there is no standing for the states to sue, and the case must be dismissed.

2. The President, as Commander in Chief, can bomb as many of the seven nations' airports, thus preventing entry.

3. The President can go full metal Andrew Jackson, and say, 'The courts have decided. Let them enforce their decisions,' and carry on as he wishes.

Discuss. (Heh, Heh, Heh!)

Blogger SteelPalm February 10, 2017 12:37 AM  

@102

John Le Carre became a hardcore leftist a long time ago. One can't even call it an "English celebration of cuckoldry" in his case.

Blogger Happy LP9 February 10, 2017 1:38 AM  

Awesome!!

Our steam and sauna room plus the Cybex machines have great kick. For the common shoulder problem rest, PT or massage therapy help. Even Tiger Balm is helpful.

I have a list of shirts to buy, gonna rock the shirt scene.

Tw-tar is trash, quit and banish facebook. Let Gab be for the smarter pple. I've gabbed about asking POTUS Trump to come to Gab where he is loved MORE. Never cared for Netflix, tried them in 2008 or 2009, no-go's.

Blogger VFM #7634 February 10, 2017 1:49 AM  

And in the meantime, looks like Trump managed to get one over on the progs:

77% of refugees allowed into U.S. since travel reprieve hail from seven suspect countries

But...

"One part of Mr. Trump’s order that hasn’t been blocked in the courts is his reduction in the number of refugees to be accepted this year. President Obama had set a 110,000 cap for fiscal year 2017, which runs through Sept. 30. Mr. Trump cut that to 50,000.

Some 34,000 refugees have already been admitted, meaning that even if the courts do keep the program operational, the number of people that can be admitted is severely constrained."


IOW, even with Robart's butting in, the refugee racket still cannot bring in any more than 16,000 refugees from now until the end of the fiscal year, over seven months away.

Furthermore:

"In a Feb. 2 memo, USCIS Acting Director Lori L. Scialabba said they would also continue processing applications for family members of those approved for refugee or asylum status who were already in the U.S., even if they were from the seven countries Mr. Trump had singled out.

She also said: “USCIS will continue refugee interviews when the person is a religious minority in his or her country of nationality facing religious persecution. Additionally, USCIS will continue refugee interviews in jurisdictions where there is a preexisting international agreement related to refugee processing. USCIS will not approve a refugee application for an individual who we determine would pose a risk to the security or welfare of the United States.”


The State Department is still carrying out Trump's EO as it pertains to new refugees, as opposed to those that have already been approved.

Blogger Elder Son February 10, 2017 2:17 AM  

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity…

The fact is, we owe no other citizen of another country a thing. Zero. Zilch. Nada. Nothing. We owe no one in America illegally “due process”. The “public” are those who are citizens of America, we owe no one “free flow of travel” who is not a “citizen”. Irreparable injury? Wait for it? A foreigner, a national institution, or business, has no standing to claim “that it has suffered a concrete and particularized injury that is either actual or imminent, that the injury is fairly traceable to the defendant, and that it is likely that a favorable decision will redress that injury,” to claim a foreigner has a right to enter the united States of America.

The Constitutional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration. The individual States, or corporations, or institutions, have no authority, regardless of the Tenth Amendment, to regulate naturalization, or immigration.

This is personal “politics” and “opinions” from the bench.

Blogger weka February 10, 2017 2:23 AM  

Why do you all expect the courts to follow the plain text of the constitution? Did not happen with Roz or McAllen. Because the Obama court worked on feelz and the ninth circuit is like them.

Blogger Elder Son February 10, 2017 2:31 AM  

Here is another good reason why we don't want, in particular, Muslims in America.

https://youtu.be/4wzZEGCK1Gs

Ears to hear. And, geo-politically speaking, he makes a good case on why we should be backing Iran, rather than Saudi Arabia and Turkey (Sunnis).

Anonymous Jack Amok February 10, 2017 2:56 AM  

You're too late; some other very concerned individual stopped by to make this boneheaded complaint a week ago.

Yeah, WTF? Are the troll-controllers sending out mass talking points emails without coordinating their minions, or did this Aragorn moron forget he'd posted the exact same comment - as in cut and paste - under a different name to a different post yesterday?

This guy is to trolling what Lobster Porn is to real Porn.

Anonymous MIG February 10, 2017 2:58 AM  

Have you seen the face on this female judge? It's grotesque. She looks like a bird of prey. You can't really live in a Western nation with a face like this. It's unethical.

Blogger Shimshon February 10, 2017 3:10 AM  

@45 "He should openly defy them. They're openly challenging him."

Perhaps there is benefit in going through the motions in this case? One, everyone sees what he sees. The law is readable and understandable by 0SD's, and the court is engaging in serious contortions. The 80% reversal rate and the egregiousness of the ruling make it a pretty good gamble to go through channels this time and win. Then he can escalate in open defiance of any further rulings with carte blanche. Meanwhile, he's already deporting people under the other unchallenged and very wide order.

Blogger Shimshon February 10, 2017 3:20 AM  

On the other hand, there is no question he has the law and the people on his side. And likely the ICE and CBP grunts as well. Being patient in this particular case may not suit him.

Maybe he's been waiting for Sessions to be confirmed, as defiance like that needs a loyal lieutenant.

Blogger AdognamedOp February 10, 2017 4:18 AM  

Slightly ot. In yet another example of SJW self destruction, IMDB is purging it's messages boards come Feb 20. No longer will people be able to discuss movies amongst one another. The reaction from posters is actually quite positive. While the typical SJW applauds these limitations on free speech many poster have already began linking to alt sites.
The converged morons from IMBD and the like dont understand that their heavy handedness is merely feeding this new movement. That's entertainment!

Anonymous Pennywise February 10, 2017 10:54 AM  

"But as Mike Cernovich said, "The last I checked, we elected Donald Trump president. We didn't elect the 9th Circuit Court."

So says the lawyer who insists judges overturn decisions made by representatives of a legislature who are his ideological rivals.

Blogger Were-Puppy February 10, 2017 12:44 PM  

@106 Bernard Brandt
3. The President can go full metal Andrew Jackson, and say, 'The courts have decided. Let them enforce their decisions,' and carry on as he wishes.
---

This one, with the added bonus of arresting all 3 of these judges, and the other one who sent the decision to them. Arrest them and then hand them over for a miltary trial, not a regular court system trial. They are aiding and abetting the enemy.

Blogger OneWingedShark February 10, 2017 2:32 PM  

Al From Bay Shore wrote:Read the Anti-Federalists' critique of the idea of a national judiciary.

The Anti-Federalsts had some very good arguments, many of which were prophetic.

weka wrote:And detaining Japanese during the last war was illegal how?

The Fifth Amendment, in particular: "nor be deprived of life, liberty, or property, without due process of law;"

Arthur Isaac wrote:I think someone in the Trump admin knows that to #maga they need to purge the judiciary to specifically deal with that 80℅ number. I think this will be ammo for judicial impeachments.

That would actually be incredibly easy to do -- charge all the judges who preside over courts that deny the right to jury-trial in controversies exceeding $20 (eg divorce-court) or criminal matters (eg tax-court) as secured by the 6th and 7th amendments under Deprivation of rights under color of law... then, after the courts try to overturn that as an abuse of power, retaliate by charging their defenders with Conspiracy against rights.

It would be absurdly easy, considering the Judiciary literally thinks itself above the law. (Federal court: no liability for PA judge who made up criminal charge.)

Blogger Dirk Manly February 10, 2017 3:12 PM  

@Bobby Farr

Derolection of duty, malfeasance in office., criminal behavior (see preceding items) while acting under color of law. I'n sure there are other charges that can be filed as well.

Blogger SirHamster February 10, 2017 3:24 PM  

AdognamedOp wrote:Slightly ot. In yet another example of SJW self destruction, IMDB is purging it's messages boards come Feb 20.

What triggered that?

Blogger Drew February 10, 2017 5:08 PM  

I can see the chat again in the replays! YES!

Blogger Dirk Manly February 10, 2017 5:45 PM  

Were-puppy

Correct action, wrong interpretation

Constitution -127
Trump 0

Blogger Tatooine Sharpshooters' Club February 10, 2017 6:18 PM  

"Proudly made in America by immigrants. (Please send food. And clean underwear.)"

Blogger DonReynolds February 12, 2017 5:39 AM  

I hope my point is not wasted here because I feel this point is critical.....
The role of the Judiciary until now was about tools and devices. The Executive branch has access to a toolbox of useful and handy and lawful devices which they can use as they deem necessary to govern and defend the country from foreign threats. The Judiciary was not a party to the decision itself and did not have access to information, technologies, and intelligence brought to bear on the issues and questions.
The Judiciary was primarily concerned with what measures had been already approved under the Constitution for use by the Executive Branch.
.
The same was true of the Judiciary's relationship with the Legislative Branch. The court assumption was always that the representatives knew what the public wanted. The Judiciary did not concern themselves with housekeeping matters or legislative agenda....but instead focused on whether the Constitution (of limited and diffuse powers) allowed or permitted the new law.
.
HOWEVER......
With this court decision, the Judiciary has parked themselves as both a deliberative body in the Legislative Branch and as part of the Cabinet in the Executive Branch. No longer would the Executive Branch use their own judgement regarding what would be "good policy". Likewise, the court moved to more closely "supervise" those purely Legislative functions.....such as law making and budgeting. From now on, the Judiciary will inject their own version of prudence, as the process moves forward and as the decisions are made.

Anonymous Rubber Made February 12, 2017 12:36 PM  

Avalanche

Thanks for the link.

I hope it never approaches the scenarios the author lays out.


But i must say the Left has demonstrated ACTION. They appear to be (paid?) zealots willing to do something....regardless how crude and brutal. And another aspect....they demonstrate a hierarchy and a level of organization.

Thoseare some BIG steps from being a keyboard warrior.

Also some of his thoughts mesh well with 4th Gen warfare that Vox has discussed.

Anonymous Rubber Made February 12, 2017 12:39 PM  

Adognamed ..

That is ridiculous.

When this goes live, will the current IMDB discussion board link display the following message?

"Free speech = violence. Our discussion board is now closed."

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