Robert Barnes: Trump Could ‘Go Full Andrew Jackson’ and Ignore Interference from Activist Judges
16 Mar 2017
Attorney Robert Barnes joined SiriusXM host Alex Marlow on Thursday’s Breitbart News Daily to discuss his latest Breitbart News column, “Hawaii Obama Judge Rules Muslim Imam Has Special Constitutional Rights to Bring Anyone from Terror Countries into America.”
Marlow asked Barnes to begin by explaining why Trump’s temporary ban on various terror countries was blocked.
“The district court judge in Hawaii, who was a fellow law graduate of Harvard law school with former President Obama – and, in fact, Obama was in Hawaii yesterday before the decision was issued, so some people have speculated on the coincidence of that. But he issued a decision that blocks the ability of anybody to enforce the order anywhere,” Barnes said. “So he went beyond just the district of Hawaii. He said no state can enforce it. Nobody in any part of the country can enforce it. Nobody anywhere in the administration can enforce it. He issued what’s called a nationwide injunction, and it precludes any application of the order, pretty much, on any aspect of the order, pretty much, until there’s further review.”
“His basis for doing so was an extraordinary interpretation of the right to travel and the freedom of association, which before, has only been associated with U.S. citizens,” Barnes continued. “Every court decision in the 200 years prior to this has said that people who are not citizens of the United States, who are not present within the United States, have no First Amendment constitutional rights. The Constitution doesn’t extend internationally to anybody, anywhere, anyplace, at any time. Instead, this judge said it did, as long as you had a university here who wanted to assert, quote-unquote, the foreigner’s rights, or you had some physical person here. In this case, it was one of the leading Muslim imams in Hawaii; he wants to bring over various family and friends from the Middle East.”
“The Hawaii judge’s decision says he has a First Amendment constitutional right to do so because he’s Muslim. It was one of the most extraordinary interpretations of the Establishment Clause of the First Amendment ever given, which is that because these are Muslim countries that were banned where the issue of terror arises from that that meant they had a special right to access the country and visit the country,” he said.
“As long as there is somebody here that wants them here, no president can ever preclude them from coming here. He basically gave First Amendment rights to everybody around the world and gave special preferences to people who are Muslim under his interpretation of the First Amendment,” Barnes summarized.
“So it’s an extraordinarily broad order. Its legal doctrine has no limits. If you keep extending this, it means people from around the world have a special right to access the United States, visit the United States, emigrate to the United States, get visas to the United States. There wouldn’t be any limit, and the president would never be able to control our own borders. It would be up solely to the whim of a federal judge who effectively delegated it, in this case, to a Muslim imam in Hawaii,” he contended.
Barnes noted that the judge did not “cite any prior decision” that has ever established this astonishing new quirk of the Constitution.
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