Here is the video and transcript of “State of Washington vs. Donald J. Trump, et al”, held in Judge James L. Robart’s court on Feb 3, 2017.
It is fascinating to watch the court arguments, Judge Robart asking simple incisive questions and the government lawyer twisting and turning in the wind.
Transcript and other filings at cdn.ca9.uscourts.gov/…
Some Highlights
THE COURT: Let me move you off of standing, if you would. Given the breadth of authority of the Executive in the area of immigration, do you acknowledge any limitation on his or her power?
MS. BENNETT: Your Honor, I don't think Your Honor needs to answer that question to decide on this case.
THE COURT: No, but it seemed like a good question.
MS. BENNETT: I don't think it would be wise to sort of opine on what the extent of the Executive's power is ...
THE COURT: But under the establishment cases, I think you're arguing against your own position, aren't you? What you're saying is, in any particular country we're going to reward someone for belonging to a particular faith or practicing a particular faith.
THE COURT: So you're aware of law enforcement. How many arrests have there been of foreign nationals for those seven countries since 9/11?
MS. BENNETT: Your Honor, I don't have that information. I'm from the civil division if that helps get me off the hook.
THE COURT: Let me tell you. The answer to that is none, as best I can tell.
THE COURT: Well, counsel, I understand that from your papers, and you very forcefully presented that argument. But I'm also asked to look and determine if the Executive Order is rationally based. And rationally based to me implies that to some extent I have to find it grounded in facts as opposed to fiction.
MS. BENNETT: Well, Your Honor, we actually don't think you are supposed to look at whether it's rationally based
THE COURT: You've shaken those bones about as much as you can get out of them. Why shouldn't the court assume that Congress did not want to except 1182(f) from the operation of 1151? I mean, Justice Scalia has not been with us for a year, but it seems that what you're running to now is, oh, all I have to do is look at the legislative history and that must have been what they meant.
About Judge James L. Robart
Robart was born in Seattle, Washington, in 1947.
Robart received a bachelor of arts degree magna cum laude from Whitman College in 1969 and a law degree from Georgetown University Law Center in 1973. He also served as a legislative assistant to U.S. Representative John Dellenback and worked with Henry M. "Scoop" Jackson on the Alaska Native Claims Settlement Act.
From www.inquisitr.com/...
James Robart was nominated to the federal bench by the George Bush administration and has served as a U.S. District Court judge in the state of Washington since 2004.
James Robart was lauded by the Senate committee during his confirmation hearing for his long-standing efforts to serve the needy and disadvantaged in Seattle. For instance, Robart worked tirelessly to assist disadvantaged and special needs children and teens, particularly through his support for both mental health programs and the Children’s Home Society in the city.
In addition to this, prior to being appointed District Judge James Robart did a good deal of pro bono work assisting refugees attempting to legally enter the United States.
Before being embroiled in the Donald Trump Muslim travel ban controversy, the most talked about decision by Robart was related to a case involving the police department union in Seattle and the Black Lives Matter movement.
In the 2012 decision, Judge James Robart suggested that the police department and the police union needed to change the way they handled disciplining police for wrongdoing, pointing out that even though blacks in Seattle represented only 20% of the city’s population, they made up 41% of the people who were shot by police.
Other Info.
Robart married Mari Jalbing in November 1980. The couple has served as foster parents for many years, mostly for children from southeast Asia.
References:
Transcript and other filings — cdn.ca9.uscourts.gov/…
Court Case Page — www.uscourts.gov/…
Judge Robart’s page on the court website — www.wawd.uscourts.gov/…
Biography — www.wawd.uscourts.gov/…
Wiki — en.wikipedia.org/…
Comments
It is heartwarming to see that our Democracy is safeguarded by judges like Robart.
Can’t help but admire this cartoon by Sousa & Machado -
What do you think?