Justice Department urges federal appellate court to reinstate Trump’s travel ban saying judge's order blocking it endangers national security

  • Justice Department filed a brief on Monday urging  the 9th U.S. Circuit Court of Appeals to reinstate President Donald Trump's travel ban
  • Brief said that a judge's order blocking ban endangers national security and violates the separation of powers
  • Washington state and Minnesota also told court on Monday that restoring ban would 'unleash chaos again 
  • Apple, Google and Uber filed arguments against the ban with the court Sunday, while former Secretaries of State Madeleine Albright and John Kerry spoke out
  • Three federal judges are set to hear oral arguments on Tuesday via telephone in an hour-long hearing in regards to issue
  • The ruling is expected by many to be appealed to the Supreme Court

The Justice Department filed a brief on Monday evening urging a federal appeals court to reinstate President Donald Trump's travel ban, saying that a judge's order blocking it endangers national security and violated the separation of powers.  

The brief from the Justice Department comes after the 9th U.S. Circuit Court of Appeals in San Francisco had already turned down a request to immediately set aside a Seattle judge's ruling that put a temporary hold on the executive order. 

Three federal judges with the 9th U.S. Circuit Court of Appeals are set to hear oral arguments on Tuesday via telephone in an hour-long hearing scheduled to be conducted at 9pm (ET) in regards to the issue, as audio of the hearing to the public will be released promptly after it is over. 

The judges are tasked with determining the fate of the temporary restraining order against the president's executive order, which bans refugees and travelers from seven predominantly Muslim countries from entering the United States.  

On Monday evening, Trump tweeted that the 'courts must act fast' on the issue. 

'The threat from radical Islamic terrorism is very real, just look at what is happening in Europe and the Middle-East. Courts must act fast!' Trump tweeted.  

Three federal judges are set to hear oral arguments on Tuesday in the challenge to President Donald Trumps' (pictured above on Monday) controversial executive order on immigration

Three federal judges are set to hear oral arguments on Tuesday in the challenge to President Donald Trumps' (pictured above on Monday) controversial executive order on immigration

The president took to Twitter on Monday evening to say the 'threat from radical Islamic terrorism is very real' and said the 'courts must act fast!'

The president took to Twitter on Monday evening to say the 'threat from radical Islamic terrorism is very real' and said the 'courts must act fast!'

The president is forced to wait for a decision from the 9th Circuit panel to see if the ban will remain suspended, as the ruling is expected by many to be appealed to the Supreme Court.

In addition, lawyers for Washington state and Minnesota told the federal appellate court in a filing that restoring Trump's ban on refugees and travelers from seven predominantly Muslim countries would 'unleash chaos again.'

The filing with the 9th Circuit came early Monday after the White House said it expected the federal courts to reinstate the ban.

Washington and Minnesota said their underlying lawsuit was strong and a nationwide temporary restraining order was appropriate. 

White House Press Secretary Sean Spicer argued the White House's position on board Air Force One on Monday with reporters. 

'The law is on the president's side,' Spicer said on the trip between Tampa and D.C. 'The Constitution is on the president's side.' 

'We feel very confident that we will prevail in this matter,' he said. 'Once we prevail, it will go right back into action.'   

However, if the appellate court reinstated Trump's ban the states said the 'ruling would re-institute those harms, separating families, stranding our university students and faculty, and barring travel.' 

The rapid-fire legal maneuvers by the two states were accompanied by a declaration filed by John Kerry and Madeleine Albright, former secretaries of state, along with former national security officials under President Barack Obama. 

Just hours after an appeals court blocked an attempt to re-impose the travel ban, Iranian researcher Nima Enayati checked in on an Emirates Airline flight direct from Milan

Just hours after an appeals court blocked an attempt to re-impose the travel ban, Iranian researcher Nima Enayati checked in on an Emirates Airline flight direct from Milan

Members of International Migrants Alliance in Hong Kong hold placards during a protest against President Donald Trump's selective country travel ban outside of the U.S. Consulate in Hong Kong

Members of International Migrants Alliance in Hong Kong hold placards during a protest against President Donald Trump's selective country travel ban outside of the U.S. Consulate in Hong Kong

They said Trump's ban would disrupt lives and cripple U.S. counter-terrorism partnerships around the world without making the nation safer.

'It will aid ISIL's propaganda effort and serve its recruitment message by feeding into the narrative that the United States is at war with Islam,' according to the six-page declaration filed in court.

'Blanket bans of certain countries or classes of people are beneath the dignity of the nation and Constitution that we each took oaths to protect,' the declaration later added.

The technology industry also argued against the ban, contending it would harm their companies by making it more difficult to recruit employees. 

Tech giants like Apple and Google, along with Uber, filed their arguments with the court late Sunday.

The ruling last Friday from U.S. District Court Judge James Robart prompted an ongoing Twitter rant by Trump, who dismissed Robart as a 'so-called judge' and called his decision 'ridiculous.'

And on Sunday, Trump renewed his Twitter attacks against Robart.

'Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!' 

Members of International Migrants Alliance in Hong Kong hold placards during a protest against President Donald Trump's selective country travel ban outside of the U.S. Consulate in Hong Kong

Members of International Migrants Alliance in Hong Kong hold placards during a protest against President Donald Trump's selective country travel ban outside of the U.S. Consulate in Hong Kong

He followed with another tweet saying he had instructed the Homeland Security Department to check people coming into the country but that 'the courts are making the job very difficult!'

The government had told the appeals court that the president alone has the power to decide who can enter or stay in the United States, an assertion that appeared to invoke the wider battle to come over illegal immigration.

Congress 'vests complete discretion' in the president to impose conditions on entry of foreigners to the United States, and that power is 'largely immune from judicial control,' according to the court filing.

Sen. Dianne Feinstein, the top Democrat on the Judiciary Committee, predicted the appeals court would not have the last word. 

'I have no doubt that it will go to the Supreme Court, and probably some judgments will be made whether this president has exceed his authority or not,' she said.

In his ruling, Robart said it was not the court's job to 'create policy or judge the wisdom of any particular policy promoted by the other two branches,' but to make sure that an action taken by the government 'comports with our country's laws.'

The Twitter attacks on Robart – appointed by President George W. Bush – prompted scolding from fellow Republicans as well as Democrats.

'We don't have so-called judges,' said Sen. Ben Sasse, R-Neb. 'We don't have so-called senators. We don't have so-called presidents. We have people from three different branches of government who take an oath to uphold and defend the Constitution.'

Trump's order applied to Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen – Muslim-majority countries that the administration said raise terrorism concerns.  

The State Department said last week that as many as 60,000 foreigners from those seven countries had had their visas canceled. 

After Robart's decision, the department reversed course and said they could travel to the U.S. if they had a valid visa.

The department also advised refugee aid agencies that refugees set to travel before Trump signed his order would now be allowed in.

The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump's order from boarding U.S.-bound planes. 

The agency said it had 'suspended any and all actions' related to putting in place Trump's order.

Feinstein spoke on Fox and Sasse was interviewed by ABC.

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