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                                                                                                 U.S. NEWS Wednesday 8 February
            At Press Time:
                  Trump travel ban faces biggest legal test as judges meet



            ERIC TUCKER                                                                                                         sponded that the president
            SUDHIN THANAWALA                                                                                                    has clear authority to “sus-
            Associated Press                                                                                                    pend the entry of any class
            SAN  FRANCISCO  (AP)  —                                                                                             of aliens” to the U.S. in the
            President  Donald  Trump’s                                                                                          name of national security.
            travel  ban  faced  its  big-                                                                                       It  said  the  travel  ban  was
            gest legal test yet Tuesday                                                                                         intended “to permit an or-
            as a panel of federal judg-                                                                                         derly  review  and  revision
            es prepared to hear argu-                                                                                           of  screening  procedures
            ments  from  the  adminis-                                                                                          to  ensure  that  adequate
            tration  and  its  opponents                                                                                        standards  are  in  place  to
            about  two  fundamentally                                                                                           protect  against  terrorist
            divergent  views  of  the  ex-                                                                                      attacks.”  The  challengers
            ecutive  branch  and  the                                                                                           of  the  ban  were  asking
            court system.                                                                                                       “courts to take the extraor-
            The government will ask a                                                                                           dinary  step  of  second-
            federal  appeals  court  to                                                                                         guessing a formal national
            restore  Trump’s  executive                                                                                         security  judgment  made
            order, contending that the                                                                                          by  the  president  himself,”
            president  alone  has  the                                                                                          the  Justice  Department
            power to decide who can                                                                                             wrote. It’s possible that the
            enter or stay in the United                                                                                         panel could make a ruling
            States.  But  several  states   White House press secretary Sean Spicer speaks during the daily news briefing at the White House   on a technical point, rath-
                                         in Washington, Tuesday, Feb. 7, 2017. Spicer discussed President Donald Trump’s travel ban and
            have  challenged  the  ban   other topics.                                                                          er than the larger merits of
            on  travelers  from  seven                                                                (AP Photo/Carolyn Kaster)  the case. q
            predominantly  Muslim  na-
            tions  and  insisted  that  it  is   the order likely should have
            unconstitutional.            been delayed at least long
            Tuesday’s  hearing  was  to   enough  to  brief  Congress
            unfold  before  a  randomly   about it.
            selected  panel  of  judges   The  Justice  Department
            from  the  San  Francisco-   filed a new defense of the
            based 9th U.S. Circuit Court   ban Monday. Lawyers said
            of  Appeals.  It  was  unlikely   it  was  a  “lawful  exercise”
            the  court  would  issue  a   of the president’s authority
            ruling  Tuesday,  with  a  de-  to  protect  national  secu-
            cision  expected  later  this   rity and said Robart’s order
            week,  court  spokesman      should be overruled.
            David Madden said.           The filing with the appeals
            Whatever  the  court  even-  court  was  the  latest  salvo
            tually  decides,  either  side   in a high-stakes legal fight
            could  ask  the  Supreme     surrounding  Trump’s  or-
            Court to intervene.          der, which temporarily sus-
            U.S.  District  Judge  James   pends  the  country’s  refu-
            Robart  in  Seattle,  who  on   gee program and immigra-
            Friday temporarily blocked   tion  from  seven  countries
            Trump’s  order,  has  said  a   with terrorism concerns.
            judge’s job is to ensure that   Washington  state,  Minne-
            an  action  taken  by  the   sota  and  other  states  say
            government      “comports    the appellate court should
            with our country’s laws.”    allow a temporary restrain-
            Trump said Tuesday that he   ing  order  blocking  the
            can’t  believe  his  admin-  travel ban to stand as their
            istration has  to fight in the   lawsuit moves through the
            courts  to  uphold  his  refu-  legal system.
            gee and immigration ban,     The  panel  hearing  the
            a policy he says will protect   arguments  includes  two
            the country.                 D e m o c r a t - a p p o i n t e d
            “And a lot of people agree   judges  and  one  Republi-
            with us, believe me,” Trump   can appointee.
            said at a roundtable discus-  The appeals court over the
            sion  with  members  of  the   weekend refused to imme-
            National  Sheriff’s  Associa-  diately  reinstate  the  ban,
            tion. “If those people ever   and  lawyers  for  Washing-
            protested, you’d see a real   ton and Minnesota argued
            protest.  But  they  want  to   anew on Monday that any
            see our borders secure and   resumption would “unleash
            our country secure.”         chaos  again,”  separating
            The  same  day,  Homeland    families and stranding uni-
            Security  Secretary  John    versity students.
            Kelly  told  lawmakers  that   The Justice Department re-
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