I don’t pretend to be a constitutional attorney, just an American citizen who can read and comprehend the plain-spoken language of our founding documents.
With that said, what would I advise President Donald Trump to do with the temporary restraining order U.S. District Judge Jon S. Tigar countermanded this week?
I’d politely tell him to stick it where the sun don’t shine.
I’d remind him that no sitting federal judge anywhere has the power to overrule the president of the United States. Why? Because, contrary to popular liberal folklore, we do not live in a country of three equal branches of government – and we certainly don’t live in one in which any one of those unaccountable federal judges has the power to “Trump” a president.
He doesn’t need to take this to the Supreme Court. It’s totally unnecessary. He should just do what he wants to do and use the power of his office to carry out his will.
In this area of the law, the president had complete authority to make policy. Congress can attempt to change policy, but it will have to get the president’s assent. How anyone can think that any one of hundreds of federal judges could step in and overrule the law of the land – or make the law of the land with the stroke of a pen – has been totally brainwashed to believe the Constitution is null and void.
Maybe President Trump is playing with these people, because he knows the Supreme Court will uphold his immigration regulations as it has in the past. But why waste time? Why delay doing the right thing for months?
Maybe if enough federal attorneys appointed to lifetime jobs by Barack Obama get the idea they really don’t have the power of gods, they might seek gainful employment in other lines of work. However, I severely doubt that.
But Trump should demonstrate this judge is a toothless Tigar.
Remember what happened here? Trump issued a proclamation Nov. 9 that said anyone who crossed the southern border for the U.S. would be ineligible for asylum.
Tigar, nominated by Obama in 2012 to the U.S. District Court for the Northern District of California, quickly slapped Trump with a temporary restraining order after hearing arguments in San Francisco.
The request was made by the American Civil Liberties Union and the Center for Constitutional Rights, which quickly sued after President Trump issued the ban this month in response to the caravans of migrants that have started to arrive at the U.S.-Mexico border.
Baher Azmy, a lawyer for the Center for Constitutional Rights, said: “Individuals are entitled to asylum if they cross between ports of entry. It couldn’t be clearer.”
Actually, it could be clearer. At times of emergency, this little nicety can be waived by the president with a stroke of the pen. Asylum cases have unfortunately become a joke in the U.S. because 70,000 people a year claim asylum in the U.S. simply because they would prefer to live here.
When people pass safely through several different countries – like Honduras, Guatemala and Mexico – being provided food, water, shelter, transportation and free legal advice just to get to the U.S. – these are not people in need of political asylum at all.
In fact, it’s an insult to those truly needing political asylum to avoid death and dismemberment to suggest they are.
And that’s why Trump should not even give this worthless piece of paper the dignity he has given it by contesting it. Instead, he should pick it up, wad it up in a ball and burn it safely and demonstrably for the world to see the way things work in the USA where the Constitution rules.