Supreme Court: Ban cannot be imposed on anyone who had “a credible claim of a bona fide relationship with a person or entity in the United States”


Developments on Day 158 of the Trump Administration:

See also Podcast: Explaining Supreme Court’s Limited Permission for Trump’s “Muslim Ban”

Supreme Court Partially Lifts Suspension of Trump’s “Muslim Ban”

The Supreme Court has partially lifted the judicial suspension of Donald Trump’s “Muslim Ban”.

The nine justices unanimously said that they would hear the case and issue a ruling in October. Meanwhile, Trump’s executive order — first issued in late January and then revised in March after initial setbacks in court — can be implemented to prohibit the entry into the US of some refugees and citizens of six mainly-Muslim countries.

Even though the judges were clear that no legal issues had been resolved, Trump celebrated a “clear victory” in a White House statement and a tweet:

“As President, I cannot allow people into our country who want to do us harm,” Trump said in the White House statement. “I want people who can love the United States and all of its citizens, and who will be hardworking and productive.”

Students, Business People OK, But Tourists?

The Court said the ban cannot be imposed on anyone who had “a credible claim of a bona fide relationship with a person or entity in the United States”.

Those challenging the Administration said the vast majority of people from the six affected states — Iran, Iraq, Sudan, Libya, Somalia, and Syria — can enter the US. Included are those visiting a relative, accepting a job, conducting business, attending university, or delivering a speech.

However, it is unclear what happens to those such as tourists and who will now make the decisions on entry or refusal. Nor did the justices addresses the issue of refugees from countries such as war-torn Syria. Instead, they simply said that the President’s powers to limit immigration “are undoubtedly at their peak when there is no tie between the foreign national and the United States”.

In a partial dissent by three judges, Justice Clarence Thomas warned that the court’s opinion would “prove unworkable” for officials at consulates around the world and would invite “a flood of litigation” from people denied entry. Thomas, joined by Samuel Alito and Neil Gorsuch, indicated they will support a full restoration of the ban this autumn.

Officials at the Department of Homeland Security maintained the court opinion would allow the department “to largely implement the President’s executive order”, whil the White House statement said the ban would “become largely effective.”

Cecillia Wang, the deputy legal director for the American Civil Liberties Union, responded, “Clearly, the White House press statement today is based on alternative facts.”

Karen Tumlin, legal director of the National Immigration Law Center, said the effort will be maintained for a full lifting of the ban: “We think it’s repugnant to our values that they might be treated differently because of where they are from or how they choose to pray.”


More Trouble for Senate GOP’s Healthcare Bill as CBO Says 22 Million to Lose Coverage

The Senate bill to repeal ObamaCare faces more difficulties after the Congressional Budget Office 22 million people will lose coverage by 2026 under the measures.

A second GOP moderate, Susan Collins of Maine, said she will vote against even debating the health care bill. She joins Dean Heller of Nevada, the first Republican to break ranks.

Senator Ron Johnson of Wisconsin hinted he, too, would probably oppose taking up the bill on an expected procedural vote as early as Tuesday.

Meanwhile, conservative Rand Paul of Kentucky, who has condemned the legislation as “ObamaCare Lite”, said, “It’s worse to pass a bad bill than pass no bill.”

Senate Majority Leader Mitch McConnell had wanted a final vote by Friday and the July 4 recess, but he is protecting a slim 52-48 GOP majority in the chamber.

The CBO said on Monday that 15 million more people will be uninsured soon after any passage, with and that premiums and out-of-pocket expenses could rise shaprly for some low-income people and for those nearing retirement.

The report said that for a typical 64-year-old with an annual income of $26,500, the net premium in 2026 — after subsidies — will average $6,500, compared with $1,700 under ObamaCare. The insurance will also cover less of the medical costs.

For a 64-year-old with an annual income of $56,800, the premium in 2026 would average $20,500 a year, or three times the amount under ObamaCare.

Lindsey Graham, a GOP senator from South Carolina, reacted:

If you were on the fence, you were looking at this as a political vote, this CBO score didn’t help you. So I think it’s going to be harder to get to 50, not easier.

I don’t know if you delayed it for six weeks if anything changes.


FBI Questioned Ex-Trump Advisor Page for 10 Hours About Russia

The FBI has questioned former Trump foreign policy advisor Carter Page for about 10 hours in the investigation of links between Trump associates and Russia officials.

In five discussions in March, Page repeatedly denied wrongdoing as a go-between for the Trump campaign and Russia in 2016. He spoke without a lawyer, saying he was not concerned about telling the truth.

The meetings took place more than a month before former FBI Director Robert Mueller was named Special Counsel, following Trump’s dismissal of his successor James Comey over the inquiry.

Page told ABC News:

Our frank and open conversations gave me confidence that there are still logical, honest individuals at the Bureau who respect civil rights and the Constitution, despite the recent devastating impact on our democracy by self-centered politicians at the top of the Clinton-Obama-Comey regime.

Page, named as an advisor by Trump in March 2016, traveled to Moscow for discussions with Russian officials. Reportedly these included the possible sale of almost 20% of the Russian energy giant Rozneft — a deal which was concluded with unknown buyers five months later.

The contacts led the FBI to seek a warrant from the top-secret FISA Court, granted in October 2016.

The Trump campaign later disowned Page, saying he was never significant and had not spent time with Trump.


Kushner Adds Top Attorney Over Trump-Russia Inquiry

Jared Kushner, Donald Trump’s son-in-law and White House advisor, hires a top criminal defense lawyer over the Trump-Russia inquiry and possible investigation of Kushner’s financial affairs.

Kushner hired Abbe Lowell as well as retaining his current lawyer Jamie Gorelick, even though Gorelick was at the law firm where Special Counsel Robert Mueller was a partner.

Pressure has been building upon Kushner over his meetings in December with Russian Ambassador Sergei Kislyak and with Sergei Gorkov, the head of the Russian state Vnesheconombank.

Some reports have suggested that Kushner may have discussed a possible loan from Gorkov, who is close to the Kremlin, for a troubled skyscraper project on 5th Avenue in Manhattan.


White House Continues to Bar Cameras From Briefings

White House Press Secretary Sean Spicer again holds a briefing which bans video.

The White House has resorted to off-camera, audio-only briefings to limit any damage from statements or allegations of distortion and even falsehoods.

Spicer said that Trump, who repeatedly denied Russian interference in the election, now thinks there was intervention but also thinks “other countries as well could have been equally involved”.

Trump Meets India’s Modi, Sends Message to China

Donald Trump warmly greets India’s Prime Minister Narendra Modi in Washington as a “true friend”, in part to chide China.

Trump said Modi had ambitious plans to fight corruption and cut taxes, but a “senior White House official” said the President was also addressing Chinese leader Xi Jinping, because of Trump’s disappointment that Beijing has not put more pressure on North Korea over nuclear and ballistic missile programs.

Trump said India had helped the US enforce sanctions on North Korea: “The North Korean regime is causing tremendous problems,” he said, “and it’s something that has to be dealt with — and probably dealt with rapidly.”

Modi praised Trump’s “vast and successful” business experience, which he said would galvanize relations between Washington and Delhi.

Indian media emphasized that “Modi has won the endorsement of the US on India’s objections to China’s massive initiative to open land and sea corridors that connect it to Central Asia”.

India objects to China’s New Silk Road project because of an economic corridor that runs through Pakistan-occupied Kashmir, an area disputed between the two states. New Delhi has said the construction and plans violate “India’s territorial sovereignty”.

The joint statement after the Trump-Modi meeting said, “The two leaders support bolstering regional economic connectivity through the transparent development of infrastructure…while ensuring respect for sovereignty and territorial integrity, …and call on other nations in the region to adhere to these principle.”