DOJ: Hawaii ruling ‘flawed both in reasoning and in scope’

The Department of Justice said it intends to take action against the federal judge in Hawaii who issued a restraining order against President Trump’s revised travel ban that affected six countries from the Middle East and North Africa.

“The Department of Justice strongly disagrees with the federal district court’s ruling, which is flawed both in reasoning and in scope,” DOJ spokesperson Sarah Isgur Flores said in a statement released late Wednesday. “The President’s Executive Order falls squarely within his lawful authority in seeking to protect our Nation’s security, and the Department will continue to defend this Executive Order in the courts.”

The block comes less than one day before the March 16 executive order was slated to be put into action.

“Upon evaluation of the parties’ submissions, and following a hearing on March 15, 2017, the court concludes that, on the record before it, plaintiffs have met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief,” wrote Derrick K. Watson, the federal judge, in the ruling.

Trump’s first executive action on Jan. 27 was frozen by the 9th Circuit Court of Appeals, which prompted the administration to revise the order and issue an updated version in early March.

The Justice Department has not noted how it plans to defend the order from the court’s ruling, though it could entail appealing the ruling or waging a long-term legal battle in Judge Watson’s court.

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