US judge temporarily blocks Trump's travel ban nationwide

February 4, 2017

Seattle, Feb 4: A U.S. judge on Friday temporarily blocked President Donald Trump's ban on travelers and immigrants from seven predominantly Muslim countries, siding with two states that urged a nationwide hold on the executive order that has launched legal battles across the country.

judgeU.S. District Judge James Robart in Seattle ruled that Washington state and Minnesota had standing to challenge Trump's order, which government lawyers disputed, and said they showed their case was likely to succeed.

“The state has met its burden in demonstrating immediate and irreparable injury,” Robart said.

Trump's order last week sparked protests nationwide and confusion at airports as some travelers were detained. The White House has argued that it will make the country safer.

It wasn't immediately clear what happens next for people who had waited years to receive visas to come to America. The Department of Homeland Security wouldn't comment, but the State Department had previously ordered visas from the seven countries revoked.

Washington became the first state to sue over the order that temporarily bans travel for people from Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen and suspends the U.S. refugee programme.

State Attorney General Bob Ferguson said the travel ban significantly harms residents and effectively mandates discrimination. Minnesota joined the lawsuit two days later.

After the ruling, Mr. Ferguson said people from the affected countries can now apply for entry to the U.S.

“Judge Robart's decision, effective immediately ... puts a halt to President Trump's unconstitutional and unlawful executive order,” Mr. Ferguson said. “The law is a powerful thing it has the ability to hold everybody accountable to it, and that includes the President of the United States.”

Gillian M. Christensen, a spokeswoman for the Department of Homeland Security, said the agency doesn't comment on pending litigation. The judge's ruling could be appealed the 9th U.S. Circuit Court of Appeals.

Federal attorneys had argued that Congress gave the President authority to make decisions on national security and immigrant entry.

The two states won a temporary restraining order while the court considers the lawsuit, which aims to permanently block Trump's order. Court challenges have been filed nationwide from states and advocacy groups.

In court, Washington Solicitor General Noah Purcell said the focus of the state's legal challenge was the way the President's order targeted Islam.

Mr. Trump has called for a ban on Muslims entering the country, and the travel ban was an effort to make good on that campaign promise, Ms. Purcell told the judge.

“Do you see a distinction between campaign statements and the executive order,” Judge Robart asked. “I think it's a bit of a reach to say the President is anti-Muslim based on what he said in New Hampshire in June.”

Ms. Purcell said there was an “overwhelming amount of evidence” to show that the order was directed at the Muslim religion, which is unconstitutional.

When the judge questioned the federal government's lawyer, Michelle Bennett, he repeatedly questioned the rationale behind the order.

Judge Robart, who was appointed the federal bench by President George W. Bush, asked if there had been any terrorist attacks by people from the seven counties listed in Mr. Trump's order since 9/11. Bennett said she didn't know.

“The answer is none,” Judge Robart said. “You're here arguing we have to protect from these individuals from these countries, and there's no support for that.”

Ms. Bennett argued that the states can't sue on behalf of citizens and the states have failed to show the order is causing irreparable harm.

Judge Robart disagreed.

“The state has met its burden of demonstrating immediate and irreparable injury,” he said. “I find the TRO is in the public interest.”

Up to 60,000 foreigners from the seven majority-Muslim countries had their visas canceled because of the executive order, the State Department said on Friday.

That figure contradicts a statement from a Justice Department lawyer on the same day during a court hearing in Virginia about the ban. The lawyer in that case said about 100,000 visas had been revoked.

The State Department clarified that the higher figure includes diplomatic and other visas that were actually exempted from the travel ban, as well as expired visas.

Mr. Ferguson, a Democrat, said the order is harming Washington residents, businesses and its education system.

Washington-based businesses Amazon, Expedia and Microsoft support the state's efforts to stop the order. They say it's hurting their operations, too.

Lawyers for Washington state said another hearing was expected in the next few weeks.

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News Network
February 19,2020

Washington, Feb 19: Sri Srinivasan, a prominent Indian-American judge, has created history by becoming the first person of South Asian descent to lead a powerful federal circuit court considered next only to the US Supreme Court.

Srinivasan, 52, became the Chief Judge of the United States Court of Appeals for the DC Circuit.

An Obama appointee who has already been considered for a Supreme Court seat twice, donned the mantle of the chief judge of the DC federal court circuit on February 12.

Srinivasan succeeded Judge Merrick Garland, who has been a member of the DC Circuit since 1997 and Chief Judge since 2013. He will remain on the bench, a press release said.

Notably, Garland's nomination to the Supreme Court by the then president Barack Obama was blocked by Senate Republicans in 2016.

Srinivasan, was appointed to the US Court of Appeals for the District of Columbia Circuit in May 2013.

He was the first ever Indian-American to be appointed to the second most powerful court of the US.

Neomi Rao, nominated by President Donald Trump, is the second Indian American on this powerful judiciary bench.

History being made on the DC Court of Appeals. Congratulations, Judge Srinivasan! Senator Mark Warner said.

Congratulations to Judge Sri Srinivasan on becoming the Chief Judge of the U.S. Court of Appeals for the D.C. Circuit! A milestone for the Indian-American/Kansan community (and yet another piece of evidence my family can use that I'm underachieving), US Federal Communications Commission Chair Ajit Pai said.

According to The Washington Post, Srinivasan spoke recently about his path to the bench at an event celebrating women in the law, a field where men still dominate leadership positions.

"Everybody doubts their belonging and worthiness in some measure. I definitely did and still do. This is just going to be a part of the thing when you're looking out in the world in which everyone isn't like you. It's natural to doubt whether you belong and whether you're worthy, he said, "but you do belong and you are worthy.

Born in Chandigarh, and raised in Lawrence, Kansas, he received a B.A. from Stanford University, a J.D. from Stanford Law School, and an M.B.A. from the Stanford Graduate School of Business.

Following graduation, he served as a law clerk to Judge J. Harvie Wilkinson III of the US Court of Appeals for the Fourth Circuit, as a Bristow Fellow in the Office of the US Solicitor General, and as a law clerk to US Supreme Court Justice Sandra Day O'Connor.

From 2011 until his appointment to the US Court of Appeals, Judge Srinivasan served as the Principal Deputy Solicitor General of the United States.

He has argued 25 cases before the US Supreme Court. He has also taught appellate advocacy at Harvard Law School as well as a seminar on civil rights statutes and the Supreme Court at Georgetown University Law Center.

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Agencies
June 6,2020

Seoul, Jun 6: South Korea on Saturday reported 51 new cases of COVID-19, mostly in the densely populated capital region, as authorities scramble to stem transmissions among low-income workers who can't afford to stay home.

The figures announced by South Korea's Centers for Disease Control and Prevention brought national totals to 11,719 workers and 273 deaths.

At least 34 of the new coronavirus cases were linked to door-to-door sellers hired by Richway, a Seoul-based health product provider.

Vice Health Minister Kim Gang-lip said the spread of the virus among Richway sellers was particularly alarming as most of them are in their 60s and 70s. He called for officials to strengthen their efforts to find and examine workplaces vulnerable to infections.

More than 120 infections have also been linked to a massive warehouse operated by Coupang, a local e-commerce giant, which has been accused of failing to properly implement preventive measures and having employees work even when sick.

South Korea was reporting around 500 new cases per day in early March due to a massive outbreak surrounding the southern city of Daegu, before officials managed to stabilize the situation with aggressive tracking and testing.

But the recent resurgence of COVID-19 in the greater capital area, where about half of South Korea's 51 million people live, is now threatening to erase some of the country's hard-won gains. It has also led to second-guessing whether officials were too quick to ease social distancing and reopen schools.

Health authorities and hospital officials on Friday participated in a table-top exercise for sharing hospital capacities between Seoul and nearby cities and ensure swift transports of patients so that a spike of cases in one area doesn't overwhelm its hospital system. 

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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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