Judges hammer attorneys on both sides of travel ban case

February 8, 2017

San Francisco, Feb 8: President Donald Trump's travel ban faced its toughest test as a panel of appeals court judges hammered away at the government's arguments that the ban was motivated by terrorism fears but also directed pointed questions to an attorney who claimed it unconstitutionally targeted Muslims.

travelban

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals yesterday focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds.

But the judges also jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.

The hearing was conducted by phone an unusual step and broadcast live from the court's website to a record audience. Judge Richard Clifton, a George W Bush nominee, asked an attorney representing Washington state and Minnesota, which are challenging the ban, what evidence he had that the ban was motivated by religion.

"I have trouble understanding why we're supposed to infer religious animus when in fact the vast majority of Muslims would not be affected." Only 15 per cent of the world's Muslims were affected, the judge said, citing his own calculations. He added that the "concern for terrorism from those connected to radical Islamic sects is hard to deny."

Noah Purcell, Washington state's solicitor general, cited public statements by Trump calling for a ban on the entry of Muslims to the US. He said the states did not have to show every Muslim is harmed, only that the ban was motivated by religious discrimination.

Clifton also went after the government's attorney, asking whether he denied statements by Trump and former New York City Mayor Rudolph Giuliani, who said recently that Trump asked him to create a plan for a Muslim ban.

"We're not saying the case shouldn't proceed, but we are saying that it is extraordinary for a court to enjoin the president's national security decision based on some newspaper articles," said August Flentje, who argued the case for the Justice Department.

Under questioning from Clifton, Flentje did not dispute that Trump and Giuliani made the statements. Judge Michelle T Friedland, who was appointed by President Barack Obama, asked whether the government has any evidence connecting the seven nations to terrorism.

Flentje told the judges that the case was moving fast and the government had not yet included evidence to support the ban. Flentje cited a number of Somalis in the U.S. who, he said, had been connected to the al-Shabab terrorist group.

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Skazi
 - 
Wednesday, 8 Feb 2017

Judges should hammer on the head of racist TRUMP....

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Agencies
August 4,2020

Washington, Aug 4: US President Donald Trump gave popular Chinese-owned video app TikTok six weeks to sell its US operations to an American company, saying Monday it would be "out of business" otherwise, and that the government wanted a financial benefit from the deal.

"It's got to be an American company... it's got to be owned here," Trump said. "We don't want to have any problem with security."

Trump said that Microsoft was in talks to buy TikTok, which has as many as one billion worldwide users who make quirky 60-second videos with its smartphone app.

But US officials say the app constitutes a national security risk because it could share millions of Americans' personal data with Chinese intelligence.

Trump gave the company's Chinese parent ByteDance until mid-September to strike a deal.

"I set a date of around September 15, at which point it's going to be out of business in the United States," he said.

Whatever the price is, he said, "the United States should get a very large percentage of that price because we're making it possible."

Trump compared the demand for a piece of the pie to a landlord demanding under-the-table "key money" from a new tenant, a practice widely illegal including in New York, where the billionaire president built his real estate empire.

"TikTok is a big success, but a big portion of it is in the country," he said. "I think it's very fair."

But Trump also threw a surprise new condition in any deal, saying the sale of TikTok's US business would have to result in a significant payout to the US Treasury for initiating it.

"A very substantial portion of that price is going to have to come into the Treasury of the United States, because we're making it possible for this deal to happen," Trump told reporters.

"They don't have any rights unless we give it to them," he said.

Sell or shut down

The pressure for a sale of TikTok's US and international business, based in Los Angeles, left the company and ByteDance facing tough decisions.

Trump has made TikTok the latest front in the ongoing political and trade battles between Washington and Beijing.

The app has been under formal investigation on US national security grounds because it collects large amounts of personal data on all its users and is legally bound to share that with authorities in Beijing if they demand it.

Both its huge user base and its algorithm for collecting data make it hugely valuable.

But being forced by the US government to sell at least its US business or be shut down -- and to then split the sale price with the US Treasury as Trump is demanding -- was an almost unheard-of tactic.

Shutting down could force users to switch to competitors, and many content creators are already encouraging followers to follow them on other social media platforms.

"The most obvious beneficiaries are Snapchat, Facebook and Twitter, with Snapchat likely being the biggest beneficiary," said investment analysts at Lightshed Partners.

Earlier Monday, ByteDance founder Zhang Yiming acknowledged the hefty pressure and said in a letter to staff, reported by Chinese media, that they were working around-the-clock "for the best outcome."

"We have always been committed to ensuring user data security, as well as the platform neutrality and transparency," Zhang said.

However, he said, the company faces "mounting complexities across the geopolitical landscape and significant external pressure."

He said the company must confront the challenge from the United States, though "without giving up exploring any possibilities."

According to Britain's The Sun newspaper Monday, as a possible consequence of the pressure, ByteDance is planning to relocate TikTok's global operations to Britain.

Pushing back

China's foreign ministry pushed back Monday, calling Washington hypocritical for demanding TikTok be sold.

"The US is using an abused concept of national security and, without providing any evidence, is making presumptions of guilt and issuing threats to relevant companies," said spokesman Wang Wenbin.

"This goes against the principle of market economy and exposes the hypocrisy and typical double standards of the US in upholding so-called fairness and freedom," he added.

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News Network
May 9,2020

Beijing, May 9: Mounting a strong defence of the ruling Communist Party of China, President Xi Jinping has said the COVID-19 fight has once again shown that the CPC leadership and the country's socialist political system can overcome any challenge.

Xi's comments came as China faced global criticism for its initial inaction to act against the novel coronavirus, which according to Chinese officials emerged in the central Chinese city of Wuhan in December last year.

Pressure is also mounting on Beijing to agree for an international probe on the origins of the vicious virus, including from the Wuhan Institute of Virology (WIV), as claimed by the US leadership.

China curbed the spread of the coronavirus in over a month and brought COVID-19 under control at its first epicentre in Wuhan in about three months, Xi, also the General Secretary of the CPC, said at a symposium held on Friday to get suggestions from non-ruling Communist Party of China (CPC) parties on COVID-19 prevention and control.

He termed the curbing of the COVID-19 pandemic as "hard-won achievements" for the world's most populous country and the second-biggest economy.

The COVID-19 fight has once again shown that the CPC leadership, China's socialist system and its governance system can overcome any challenge and make big contributions to the progress of human civilisation, he said.

Xi said China had basically curbed the spread of the virus in over one month, managed to bring the daily number of new domestically-transmitted cases down to single digits in about two months, and secured decisive achievements in protecting epicentres Wuhan and Hubei province in about three months.

"For a huge country with 1.4 billion people, these are hard-won achievements," he said

Besides the top CPC officials, the symposium was attended by members of the central committees of non-CPC parties in China, the All-China Federation of Industry and Commerce, and persons without party affiliation.

The speakers at the symposium praised the Chinese leadership in handling the crisis, saying it fully demonstrated the political advantage of China's socialist system and showed that China was a major responsible country.

Xi, who is also the head of the People's Liberation Army, praised China's one-party political system governed by the CPC.

His comments on the country's political system came as Beijing is also defending the role of the CPC as US President Donald Trump and Secretary of State Mike Pompeo have blamed the ruling party for not being transparent in the fight against the pandemic.

Both Trump and Pompeo have been pressing Beijing to allow American experts for a probe on whether the virus emerged from the WIV, China's premier research lab where viruses of different types are reportedly researched.

At the symposium attended by the top CPC officials, Xi's leadership came for praise for successfully handling the situation, the state-run Xinhua news agency reported.

"Attendees noted the major strategic achievements in the COVID-19 fight under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at the core," the report said.

The meeting was held amid reports of murmurs of internal criticism within the CPC about Xi's handling of the coronavirus crisis.

While China's move of handling the coronavirus from January 23 by locking down Hubei province and its capital Wuhan to prevent the spread of the virus and curbing it by deploying 42000 medical personnel has been praised, Beijing is criticised for its slow reaction after it emerged in December last year.

China used less than a week to identify the full genome sequence of the novel coronavirus and isolate the virus strain, produced various testing kits and swiftly selected a number of effective drugs and treatments. Different types of vaccines have also entered clinical trials.

President Xi said during the COVID-19 fight, China upheld the centralised and unified leadership of the CPC and concentrated the nation's best doctors, the most advanced equipment and the most needed resources to treat patients, with all treatment expenses covered by the state.

It managed to maximise the testing and cure rates while minimising the infection and fatality rates.

As of Friday, the COVID-19 death toll in China remained at 4,633 with no new fatalities reported for several days while the total number of cases stood at 82,887. In contrast, Chinese officials point out the death toll in the US which has crossed 75,000 with over 1.2 million cases, besides the mounting global toll.

Almost all countries in the world have been under lockdown for weeks to control the spread of the virus.

Xi called for mobilising the whole society, leveraging the institutional strength of concentrating resources to get things done and tapping the composite national strength as well as closely relying on science and technology.

On international cooperation, Xi said China had helped countries and international organisations to the best of its ability, demonstrating the nation's sense of responsibility as a major and responsible country.

Xi also stressed fixing the shortcomings in the country's major epidemic prevention and control mechanism and for the national public health system to raise the ability to deal with major public health emergencies.

He emphasised on targeted and effective measures to guard against the importation of cases and prevent a resurgence of the epidemic.

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Agencies
June 13,2020

Washington, Jun 13: America's first-ever Hindu lawmaker Tulsi Gabbard has said that in this chaotic time, one can find certainty, strength, and peace in Bhagavad Gita.

In her message during a virtual commencement address, the 39-year-old Congresswoman from Hawaii said that it is a chaotic time and no one can say with certainty what tomorrow looks like.

"... but we find certainty, strength, and peace in the practice of Bhakti Yoga and Karma Yoga taught to us by Krishna in the Bhagavad Gita," Tulsi Gabbard told the 'Class of 2020 for Hindu students''.

Her address came amidst protests in the US against the killing of African-American George Floyd by a white police officer in Minneapolis.

The country has been swept by protests since George Floyd's custodial death on May 25 with thousands of people mounting pressure for changes to the law enforcement practices.

The first-ever virtual Hindu commencement was organised by the Hindu Students Council on June 7, which drew thousands of viewers on Facebook and YouTube Live, all coming together in solidarity during the ongoing COVID-19 crisis.

According to Johns Hopkins Coronavirus Resource Center, the contagion has infected over 76,00,000 people and killed more than 4,25,000 across the world. The US is the worst affected country with over 2.04 million cases and more than 1,14,000 deaths.

The COVID-19, which originated in China''s Wuhan city in December last year, has also battered the world economy with the International Monetary Fund saying that the global economy is bound to suffer a "severe recession".

Scientists are racing against time to find a vaccine or medicine for its treatment.

Hundreds of graduates from the US, Canada, the UK, India and Australia attended to commemorate their graduation in a unique way - by celebrating their shared Hindu values.

Professor Subhash Kak served as the ceremony's Grand Marshall.

"As you think about this new chapter in your lives, ask yourself what is my purpose in life? It is a deep question that if you can recognise now that your purpose is to serve God and God''s children, practicing Karma Yoga, then you can lead a truly successful life," Tulsi Gabbard said.

"Success is not defined by temporary material things, trinkets, glittery objects or accomplishments - but a deeply successful and happy life centered around service," she added.

The Iraq war veteran ended her presidential campaign in March and offered her full support to former vice president Joe Biden, 77, who is all set to challenge Republican incumbent Donald Trump, 73, in November elections.

The commencement address focused heavily on themes from the Bhagavad Gita, a timeless historical text that many Hindus consider their moral framework.

Professor Kak, Regent Professor at Oklahoma State University and 2019 Padma Shri recipient, read out the names of the graduating students.

"I exhort you - the graduating students - to be the leaders of the new world where education is less of the mind of a vessel to be filled with information (usually forgotten after the semester is over), and more of a flame that is lit as envisioned by our Vedic sages," he said.

The student speakers were from many university campuses, including the Massachusetts Institute of Technology, Princeton, and Stanford.

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The programme included offerings of Hindu prayers, recitation of a traditional graduation message from the Upanishads, and a symbolic conferral of degrees to high school and college graduate.

Founded in 1990, Hindu Students Council is North America''s largest pan-Hindu youth organisation. 

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