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DOJ Ignored Evidence Of Terrorism Leading To Travel Ban Being Struck Down

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Department of Justice attorneys ignored ample evidence that the nations affected by President Trump’s executive order on immigration and refugees have produced terrorists. This helped lead to the 9th U.S. Circuit Court of Appeals upholding a suspension of the order Thursday afternoon.

“The Government has not shown that a stay is necessary to avoid irreparable injury,” the unanimous opinion said. “The Government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.”

The opinion from the appeals court added that this is “despite the district court’s and our own repeated invitations to explain the urgent need for the executive order to be placed immediately into effect.”

Judge James Robart, of the U.S. District Court for the Western District of Washington State, and Judge William Canby, of 9th U.S. Circuit Court of Appeals, both repeated during hearings the falsehood that there have been no terrorists since Sept. 11, 2001 from Yemen, Libya, Somalia, Iran, Sudan, Syria or Iraq.

Both times the federal judges brought this up, the DOJ attorneys were unable to tell them that in fact there have been at least 79 alleged terrorists who are immigrants from these countries since 9/11. The DOJ and the Department of Homeland Security have kept the immigration statuses of the terrorists hidden, so this figure based off of publicly available information is presumably lower than the actual amount of terrorists from these nations.

The DOJ attorneys arguing the case, however, would be able to get this information.

The Daily Caller reported days before Robart’s decision that at least 19 alleged terrorists since 2014 have come from these seven majority-Muslim nations. This includes the Ohio State University attack and the St. Cloud, Minn. mall attack that left a total of 21 individuals wounded. The Washington Examiner reported a day before the appeals court hearing that there have been at least 60 individuals convicted of terrorism from these countries between 9/11 and 2014.

The DOJ attorneys, however, weren’t able to replicate this information. DOJ lawyer Michelle Bennett told Judge Robart, “Your honor, I don’t have that information. I’m from the civil division, if that helps get me off the hook.” While DOJ lawyer August Flentje wasn’t able to point out Judge Canby’s fib, and tried to give an excuse saying, “These proceedings have been moving quite fast and we’re doing the best we can.”

In an email provided to TheDC, conservative attorney Hans Bader informed DOJ assistant director Sharon Swingle on Monday, a day before the appeals court hearing, that Judge Robart was wrong that no terrorists have come from these nations. Swingle is working on the case for the Trump administration. The DOJ has not responded to a press inquiry about why their attorneys were unprepared.


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