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
June 19,2020

United Nations, Jun 19: Half of the world's children -- one billion every year -- are affected by physical, sexual or psychological violence, suffering injuries and death because countries have failed to follow established strategies to protect them, the first report of its kind from the UN has said, with experts noting that the coronavirus-related lockdowns have left far too many youngsters stuck with their abusers.

While nearly all countries (88 per cent) have laws in place to protect minors, less than half (47 per cent) say they strongly enforce them, said the Global Status Report on Preventing Violence Against Children 2020 launched on Thursday.

Because countries have failed to follow established strategies to protect children, about one billion are affected each year by physical, sexual or psychological violence, it said.

"There is never any excuse for violence against children," WHO Director-General Tedros Adhanom Ghebreyesus said.

"We have evidence-based tools to prevent it, which we urge all countries to implement. Protecting the health and well-being of children is central to protecting our collective health and well-being, now and for the future," he said.

The report -- launched by the World Health Organisation, the UNICEF, the UNESCO, the Special Representative of the UN Secretary-General on Violence against Children and the End Violence Partnership -- charted progress in 155 countries against the "INSPIRE" framework, a set of seven strategies for preventing and responding to violence against children.

The report signaled a clear need in all countries to scale up efforts to implement them. It included the first ever global homicide estimates specifically for children under 18 years of age -- previous estimates were based on data that included 18 to 19-year olds.

According to the findings, in 2017, around 40,000 children were victims of homicide.

"Violence against children has always been pervasive, and now things could be getting much worse," UNICEF Executive Director Henrietta Fore said.

"Lockdowns, school closures and movement restrictions have left far too many children stuck with their abusers, without the safe space that school would normally offer. It is urgent to scale up efforts to protect children during these times and beyond, including by designating social service workers as essential and strengthening child helplines," she said.

UNESCO Director-General Audrey Azoulay said during the COVID-19 pandemic, and the related school closures, "we have seen a rise in violence and hate online – and this includes bullying".

"Now, as schools begin to re-open, children are expressing their fears about going back to school. It is our collective responsibility to ensure that schools are safe environments for all children. We need to think and act collectively to stop violence at school and in our societies at large," Azoulay said.

Stay-at-home measures including school closures have limited the usual sources of support for families and individuals such as friends, extended family or professionals.

This further erodes victims’ ability to successfully cope with crises and the new routines of daily life. Spikes in calls to helplines for child abuse and intimate partner violence have been observed, the report said.

While online communities have become central to maintain many children's learning, support and play, an increase in harmful online behaviors including cyberbullying, risky online behavior and sexual exploitation have been identified.

“Whilst this report was being finalised, confinement measures and the disrupted provision of already limited child protection services exacerbated the vulnerability of children to various forms of violence," said Najat Maalla M’jid, Special Representative of the UN Secretary-General on Violence against Children.

Of the INSPIRE strategies, only access to schools through enrolment showed the most progress with 54 per cent of the countries reporting that a sufficient number of children in need were being reached in this way.

Between 32 per cent and 37 per cent of the countries considered that victims of violence could access support services, while 26 per cent of the countries provided programmes on parent and caregiver support; 21 per cent of the countries had programmes to change harmful norms; and 15 per cent of the countries had modifications to provide safe physical environments for children, the report said.

Although a majority of countries (83 per cent) have national data on violence against children, only 21 per cent used these to set baselines and national targets to prevent and respond to violence against children, it added.

The report said about 80 per cent of countries have national plans of action and policies but only one-fifth have plans that are fully funded or have measurable targets. A lack of funding combined with inadequate professional capacity are likely contributing factors and a reason why implementation has been slow.

"Ending violence against children is the right thing to do, a smart investment to make - and it's possible. We can and must create a world where every child can thrive," Howard Taylor of the End Violence Partnership said.

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News Network
May 24,2020

Islamabad, May 24: Pakistan recorded 32 coronavirus-related deaths during the last 24 hours, taking the total number of fatalities in the country to 1,133, the health ministry said on Sunday.

The total number of COVID-19 patients in Pakistan also jumped to 54,601, it said.

Read: Coronavirus India update: State-wise total number of confirmed cases, deaths

Sindh reported the maximum number of 21,645 coronavirus cases, followed by Punjab at 19,557, Khyber-Pakhtukhwa at 7,685, Balochistan at 3,306, Islamabad at 1,592, Gilgit-Baltistan at 619 and Pakistan-occupied Kashmir (PoK) at 197.

According to the health ministry, 17,198 coronavirus patients have recovered and 473,607 tests, including 12,915 in the last 24 hours, have been conducted so far.

The government also issued strict instructions to observe social distancing while offering Eid prayer and asked people to avoid visiting relatives and hosting parties.

Eid congregations were held at open places, mosques and Eidgahs in all major cities and towns while following strict standard operating procedures (SOPs) of social distancing and other precautionary measures.

Pakistan Prime Minister's Special Assistant on Health Zafar Mirza on Friday said the deadly infection would continue to multiply if precautions are not taken.

Earlier this month, the government had announced the lifting of the countrywide lockdown imposed to curb the spread of the virus in phases, even as infections continued to rise in the country.

Prime Minister Imran Khan had cited the economic havoc the virus restrictions had wreaked on citizens as the reason behind the decision.

The prime minister on Saturday urged Pakistanis to forgo traditional Eid festivity in view of the hundreds of fatalities caused by the coronavirus and the lives lost in Friday's plane crash in Karachi.

Ninety-seven people, including nine children, were killed and two passengers miraculously survived a fiery crash when a Pakistan International Airlines plane with 99 travellers on board plunged into a densely populated residential area near the Jinnah International Airport in Karachi. Most of the victims were travelling home to celebrate Eid.

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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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