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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News Network
February 12,2020

Feb 12: China on Wednesday reported another drop in the number of new cases of a viral infection and 97 more deaths, pushing the total dead past 1,100 as postal services worldwide said delivery was being affected by the cancellation of many flights to China.

The National Health Commission said 2,015 new cases had been reported over the last 24 hours, declining for a second day. The total number of cases in mainland China reached 44,653, although many experts say a large number of others infected have gone uncounted.

The additional deaths raised the mainland toll to 1,113. Two people have died elsewhere, one in Hong Kong and one in the Philippines.

In the port city of Tianjin, just southeast of Beijing, a cluster of cases has been traced to a department store in Baodi district. One-third of Tianjin’s 104 confirmed cases are in Baodi, the Xinhua state news agency reported.

A salesperson working in the store’s small home appliance section became the first individual in the cluster to be diagnosed on Jan. 31, Xinhua said. The store was already closed at that point, then disinfected on Feb. 1. Nevertheless, several more diagnoses soon followed.

The next to have their infections confirmed were also salespeople at the store. They had not visited Wuhan recently and, with the exception of one married couple, the patients worked in different sections of the store and did not know one another, according to Xinhua.

Japan’s Health Ministry said that 39 new cases have been confirmed on a cruise ship quarantined at Yokohama, bringing the total to 174 on the Diamond Princess.

The U.S. Postal Service said that it was “experiencing significant difficulties” in dispatching letters, parcels and express mail to China, including Hong Kong and Macau.

Both the U.S. and Singapore Post said in notes to their global counterparts that they are no longer accepting items destined for China, “until sufficient transport capacity becomes available.”

The Chinese mail service, China Post, said it was disinfecting postal offices, processing centers and vehicles to ensure the virus doesn’t spread via the mail and to protect staff.

It said the crisis is also impacting mail that transits China to other destinations including North Korea, Kazakhstan, Kyrgyzstan, Mongolia, Tajikistan, Turkmenistan, Uzbekistan and Vietnam.

The World Health Organization has named the disease caused by the virus as COVID-19, avoiding any animal or geographic designation to avoid stigmatization and to show the illness comes from a new coronavirus discovered in 2019.

The illness was first reported in December and connected to a food market in the central Chinese city of Wuhan, where the outbreak has largely been concentrated.

Zhong Nanshan, a leading Chinese epidemiologist, said that while the virus outbreak in China may peak this month, the situation at the center of the crisis remains more challenging.

“We still need more time of hard working in Wuhan,” he said, describing the isolation of infected patients there a priority.

“We have to stop more people from being infected,” he said. “The problem of human-to-human transmission has not yet been resolved.”

Without enough facilities to handle the number of cases, Wuhan has been building prefabricated hospitals and converting a gym and other large spaces to house patients and try to isolate them from others.

China’s official media reported Tuesday that the top health officials in Hubei province, of which Wuhan is the capital, have been relieved of their duties. No reasons were given, although the province’s initial response was deemed slow and ineffective. Speculation that higher-level officials could be sacked has simmered, but doing so could spark political infighting and be a tacit admission of responsibility.

The virus outbreak has become the latest political challenge for the party and its leader, Xi Jinping, who despite accruing more political power than any Chinese leader since Mao Zedong, has struggled to handle crises on multiple fronts. These include a sharply slowing domestic economy, the trade war with the U.S. and pushback on China’s increasingly aggressive foreign policies.

China is struggling to restart its economy after the annual Lunar New Year holiday was extended to try to curb the spread of the virus. About 60 million people are under virtual quarantine and many others are still working at home.

In Hong Kong, the diagnosis of four people living in an apartment building prompted worried comparisons with the deadly SARS pandemic of 17 years ago.

More than 100 people were evacuated from the building after a 62-year-old woman diagnosed with the virus was found living 10 floors directly below a man who was earlier confirmed with the virus.

Health officials called it a precautionary measure and sought to assuage fears of an epidemic, dismissing similarities to the SARS community outbreak at the Amoy Gardens housing estate in 2003.

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News Network
February 12,2020

Saint Martin's Island, Feb 12: At least 15 women and children drowned and more than 50 others were missing after a boat overloaded with Rohingya refugees sank off southern Bangladesh as it tried to reach Malaysia Tuesday, officials said.

Some 138 people -- mainly women and children -- were packed on a trawler barely 13 metres (40 feet) long, trying to cross the Bay of Bengal, a coast guard spokesman told news agency.

"It sank because of overloading. The boat was meant to carry maximum 50 people. The boat was also loaded with some cargo," another coast guard spokesman, Hamidul Islam, added.

Nearly one million Rohingya live in squalid camps near Bangladesh's border with Myanmar, many fleeing the neighbouring country after a 2017 brutal military crackdown.

With few opportunities for jobs and education in the camps, thousands have tried to reach other countries like Malaysia and Thailand by attempting the hazardous 2,000-kilometre journey.

In the latest incident, 71 people have been rescued including 46 women. Among the dead, 11 were women and the rest children.

Anwara Begum said two of her sons, aged six and seven, drowned in the tragedy.

"We were four of us in the boat... Another child (son, aged 10) is very sick," the 40-year-old told news agency.

Fishermen tipped off the coast guard after they saw survivors swimming and crying for help in the sea.

The boat's keel hit undersea coral in shallow water off Saint Martin's Island, Bangladesh's southernmost territory, before it sank, survivors said.

"We swam in the sea before boats came and rescued us," said survivor Mohammad Hossain, 20.

Coast guard commander Sohel Rana said three survivors, including a Bangladeshi, were detained over human trafficking allegations.

An estimated 25,000 Rohingya left Bangladesh and Myanmar on boats in 2015 trying to get to Thailand, Malaysia and Indonesia. Hundreds drowned when overloaded boats sank.

Begum said her family paid a Bangladeshi trafficker $450 per head to be taken to Malaysia.

"We're first taken to a hill where we stayed for five days. Then they used three small trawlers to take us to a large trawler, which sank," she said.

Shakirul Islam, a migration expert whose group works with Rohingya to raise awareness against trafficking, said desperation in the camps was making refugees want to leave.

"It was a tragedy waiting to happen," he said.

"They just want to get out, and fall victim to traffickers who are very active in the camps."

Islam said in the past two months dozens of Rohingya reported approaches from traffickers to his OKUP migration rights group.

"Human smuggling and trafficking in the Bay of Bengal is particularly difficult to address as it requires concerted effort from multiple states," the Bangladesh head of UN agency the International Organization for Migration, Giorgi Gigauri, told news agency.

"The gaps in coordination are easily exploited by criminal networks."

Since last year, Bangladeshi authorities have picked up over 500 Rohingya from rickety fishing trawlers or coastal villages as they waited to board boats.

Trafficking often increases during the November-March period when the sea is safest for the small trawlers used by traffickers.

Bangladesh and Myanmar signed a repatriation deal to send back some Rohingya to their homeland, but none have agreed to return because of safety fears.

The charity Save the Children called on Myanmar to "take all necessary steps to ensure the Rohingya community can return to their homes in a safe and dignified manner".

"The tragic drowning of women and children... should be a wake-up call for us all," the group's Athena Rayburn said in a statement.

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Agencies
January 15,2020

Washington, Jan 15: The historic impeachment trial of US President Donald Trump will begin on Tuesday next week, Mitch McConnell, the leader of the Senate's Republican majority, has announced.

Earlier on Tuesday (January 14), Speaker Nancy Pelosi ended the standoff between the Senate and the Democratic-controlled House of Representatives saying that it would vote on next Tuesday to send the impeachment documents to the upper house so it can hold the trial on charges that Trump obstructed Congress and abused presidential powers.

This will be only the third time in the nation's history that a US president is tried after impeachment and Trump can expect to be acquitted like his two predecessors - Bill Clinton in 1998 and Andrew Johnson in 1868 - because there won't be a two-thirds majority to convict and remove him from office.

McConnel told reporters on Tuesday that preparations like swearing in the Senators as jurors for the trial could begin this week ahead of the formal start on next Tuesday.

"This Impeachment Hoax is an outrage," Trump tweeted, repeating his longstanding complaint about it, when the move to hold the trial finally appeared to gain traction.

"The American people deserve the truth and the Constitution demands a trial," Pelosi said.

She had held on to the Articles of Impeachment - the chargesheet against Trump - that the House voted on December 18 in a bid to pressure McConnell to accept her terms for holding the trial and in an attempt to get some Republican senators to break ranks on procedural matters.

But she has agreed to let the process move forward, without an agreement on the main Democratic demand to call in their witnesses at the trial and to introduce new evidence.

The House Intelligence Committee, which conducted the investigation against the president, on Tuesday released what it said was new evidence from Lev Parnas, a former associate of Trump's personal lawyer Rudy Giuliani. Parnas is facing criminal charges.

Pelosi said that starting the trial without witnesses or documents "a pure political cover-up."

The impeachment process is only an investigation by the House and the framing of the chargesheet for the Senate trial that will be presided over by Chief Justice John Roberts with the Senators as jurors and nominees of the House as prosecutors.

While there is no chance for removal of Trump from office, Democrats see the Senate trial as a propaganda mechanism ahead of the elections in November by giving the charges against Trump another public airing and turning voter opinion against Republican senators facing re-election.

Trump called for an outright dismissal of the impeachment by the Senate, but McConnell said, "There is little or no sentiment in the Republican conference for a motion to dismiss."

He added, "Our members feel that we have an obligation to listen to the arguments."

Trump tweeted that by not dismissing the impeachment out of hand, the Senate trial was giving "credence to a trial based on the no evidence, no crime" and "the partisan Democrat Witch Hunt credibility."

Pelosi had hoped to make some Republican senators break ranks with the leaders on the procedures for the trial and has partially succeeded in this as at least four of them appear open to witnesses being called.

While Trump's conviction and ouster from office is virtually impossible because of the two-thirds vote requirement in the 100-member Senate, only a simple majority is required on procedural matters. The Republicans have 53 members and four of them shifting positions could make a difference here.

McConnell appeared confident that he would have a hold on his party senators to set the rules for the trial.

Whether witnesses would be called to testify is still open as the Republicans have said that it would be decided when the trial starts.

The main sticking point is the Democrats demand to call their witnesses to testify at the trial.

The Democrats did not allow the Republicans to call their own witnesses to testify during the impeachment proceeding in the House and Republicans did not seem inclined to oblige them in the Senate.

Trump tweeted, "'We demand fairness' shouts Pelosi and the Do Nothing Democrats, yet the Dems in the House wouldn't let us have 1 witness, no lawyers or even ask questions."

The charges against Trump stem from a July phone call he had with Ukraine's President Volodymyr Zelensky in which he asked him as a "favour" to investigate former Vice President Joe Biden and his son Hunter.

Democrats say that this was an abuse power and amounted to inviting foreign interference in US elections as Biden is the leading candidate for the Democratic nomination to run against Trump in this year's election.

They also say that he withheld crucial military aid to Ukraine, a US ally against Russia, to pressure Zelensky and this endangered US national security. Trump said he delayed the aid to make sure the new government stomped out corruption.

Hunter Biden, who was made to leave the Navy because of alleged drug use and had no experience in the energy industry or in Ukrainian businesses was appointed a director of a gas company there and received monthly payments of $83,000, according to Republicans.

The former vice president, who was looking after Ukrainians affairs, had a prosecutor looking into gas company removed.

He and the Democrats say that it was because the prosecutor was corrupt, while Republicans see it as a conflict of interest.

The obstruction of Congress resulted from Trump's refusal to provide documents that the House demanded and allow some administration officials to testify at the House hearings.

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