Tuesday, 13 June 2017

Trump travel ban dealt another blow, faces high court next

Donald Trump



Another U.S. appeals court stomped on President Donald Trump's revised travel ban Monday, saying the administration violated federal immigration law and failed to provide a valid reason for keeping people from six mostly Muslim nations from coming to the country.


The decision by a unanimous three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals helps keep the travel ban blocked and deals Trump a second big legal defeat on the policy in less than three weeks.

The administration said it would seek further review at the U.S. Supreme Court, as it has already done with a ruling against the travel ban by another appeals court last month. The high court is likely to consider the cases in tandem.
Attorney General Jeff Sessions insisted the new decision would harm national security — an argument the judges rejected.

"The executive branch is entrusted with the responsibility to keep the country safe under Article II of the Constitution," Sessions said in a written statement. "Unfortunately, this injunction prevents the president from fully carrying out his Article II duties and has a chilling effect on security operations overall."

Hawaii Attorney General Doug Chin, who sued to stop the travel ban, said the 9th Circuit ruling "really shows that we have three branches of government and that there are checks and balances. ... So to me, this is everything that we learned in social studies in high school just coming to play exactly the way it should."

The 4th U.S. Circuit Court of Appeals in Virginia last month found the 90-day ban unconstitutional, saying it was "steeped in animus and directed at a single religious group" rather than necessary for national security. It cited the president's campaign statements calling for a "total and complete shutdown" on Muslims entering the U.S.

The 9th Circuit, which heard arguments in Seattle last month in Hawaii's challenge to the ban, found no need to analyze those statements. It ruled based on immigration law, not the Constitution.
"Immigration, even for the president, is not a one-person show," the judges said, adding: "National security is not a 'talismanic incantation' that, once invoked, can support any and all exercise of executive power."


Judges Michael Hawkins, Ronald Gould and Richard Paez — all appointed by President Bill Clinton — said the travel ban violated immigration law by discriminating against people based on their nationality when it comes to issuing visas and by failing to demonstrate that their entry would hurt American interests.

The president's order did not tie citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen to terrorist organizations or identify them as contributors to "active conflict," the court said. It also did not provide any link between their nationality and their propensity to commit terrorism.

"In short, the order does not provide a rationale explaining why permitting entry of nationals from the six designated countries under current protocols would be detrimental to the interests of the United States," the ruling said.

The judges pointed to a June 5 tweet by Trump saying the order was aimed at "dangerous countries." That helped show he was not assessing whether the six countries had ties to terrorism, they said.

The White House predicted a win at the Supreme Court.
"Frankly, I think any lawyer worth their salt 100 percent agrees that the president's fully within his rights and his responsibilities to do what is necessary to protect the country," spokesman Sean Spicer said.

Trump's suspension of the U.S. refugee program also remains blocked. The 9th Circuit said he was required to consult with Congress in setting the number of refugees allowed into the country in a given year and that he could not decrease it midyear. The refugee program is not at issue in the 4th Circuit case.

The president issued the executive order after the initial version caused chaos and protests at airports and was blocked by a Seattle judge and a different three-judge 9th Circuit panel. The new version was designed to better withstand legal scrutiny and spelled out more of a national security rationale.

Several states and civil rights groups challenged the revised ban, saying it remained rooted in discrimination and exceeded the president's authority.

U.S. District Judge Derrick Watson in Hawaii blocked the new version in March, citing what he called "significant and unrebutted evidence of religious animus" in Trump's campaign statements.

The 9th Circuit narrowed Watson's ruling in some minor ways, allowing the administration to conduct an internal review of its vetting procedures for refugees and visa applicants. - AP

Wife caught red-handed with secret lover by her in-laws



A cheating wife was caught red-handed when her in-laws stormed her flat to find her secret lover stashed under the bed.

The woman, identified as Mayra, was nabbed by her mother-in-law and her husband’s relatives while she was home alone with the man, Mirror reports.


Footage captured in Becerril, Colombia, appeared online on Monday.
It shows a nervous Mayra as she lets her in-laws into the flat and asks them: “Why did not you call me? And why do you want to come in now?”
But her husband’s suspicious mum, her father-in-law and one of her sisters-in-law push past her and begin searching the home.

As she records the scene, the mum-in-law marches from room to room asking: “Where do you have him?”

When she gets to the bedroom, she pushes the bed to one side and Mayra’s lover emerges from underneath.
The mum-in-law says: “Look at this – you are here. Get out, let him get out.”


But as he climbs free, the mum-in-law begins battering him furiously while Mayra grapples with her sister-in-law.

Then as she bundles the shame-faced couple out of the home, she tells Mayra the marriage with her son is over.
“My son does not deserve that. Now, you go with him. You should leave the house Mayra.”


Ex-NBA player Rodman expected to arrive in North Korea Tuesday -CNN

AP Photo


Former National Basketball Association star Dennis Rodman is expected to arrive in North Korea on Tuesday for a trip the State Department said was not an official U.S. visit, CNN reported on Monday.


Rodman, who met North Korean leader Kim Jong Un on previous trips to Pyongyang and has called him "an awesome kid," declined to answer questions when he was seen by CNN reporters at Beijing International Airport, the network said.

Tensions have heightened on the Korean peninsula over Pyongyang's nuclear and missile tests and its vow to develop a nuclear-tipped missile capable of hitting the U.S. mainland, presenting U.S. 
President Donald Trump with perhaps his most pressing security worry.

Four Americans are also being held in North Korea, including 22-year-old student Otto Warmbier, who was detained in January 2016 and sentenced to 15 years' hard labor for attempting to steal a propaganda banner.

Representatives for Rodman did not respond immediately to requests for comment. Rodman has defended his travels, saying in an interview with CNN in 2014 they would help "open the door" to North Korea.

The White House and State Department did not respond to Reuters requests for comment on whether Rodman would be working on behalf of the government in any way. However, Fox News, citing a senior Trump administration official, reported that Rodman was traveling to North Korea as a "private citizen."

Rodman appeared twice on Trump's pre-presidency "Celebrity Apprentice" show and praised the future president on Twitter during last year's election campaign.
The unpredictable Trump has offered some mixed messages to Kim Jong Un, saying he would be "honored" to meet him under the right conditions and describing the young leader as "a pretty smart cookie."

But Trump has also described Kim as a "madman with nuclear weapons" who could not be let on the loose.
CNN, citing two unidentified North Korean officials, said Rodman was expected to arrive in Pyongyang on Tuesday, but gave no additional details on the purpose of the trip.

The basketball Hall of Famer has faced ridicule and criticism for his trips to North Korea, which some U.S. politicians and activists view as serving only as fodder for North Korean propaganda.

Rodman, 56, nicknamed "The Worm" during his playing career and known for his tattoos, body piercings and multi-colored hair, is considered one of the best defensive players and rebounders in NBA history.

He won five league championships with the Detroit Pistons and Chicago Bulls. 

Several wounded in Munich shooting

The area around the Munich train station has been cordoned off

A number of people, including a female police officer, have been wounded after shots were fired at a railway station in Munich.
The police officer was shot in the head after a man grabbed her pistol and then fired at bystanders at the Unterfohring underground station.

Police said the officer's injuries are life-threatening but injuries to members of the public were less serious.
The incident is not believed to be terror-related and the suspect was detained after officers shot him.

Police spokesman Michael Riehlein said the area had been secured and there was no danger to the public.
Another police spokesman added: "The sole male perpetrator was motivated by personal reasons. There is no political or religious background here."

Police were called to the station following reports of an altercation involving passengers on a train.
When officers arrived the suspect tried to push them onto the tracks and then manged to grab the female officer's gun, police said.

Quit notice on Igbos: Lack of arrests show Nigerians are not equal – Uranta



Niger Delta activist, Tony Uranta, has condemned the ultimatum by Arewa youths that Igbos should vacate the region within three months.
He lamented that lack of arrests one week after the threat was issued had confirmed that some Nigerians were bigger than others.

Uranta said this yesterday during the commemoration of the June 12 election anniversary which was organised by the Oodua Peoples Congress (OPC) in Lagos.

His words “I was concerned when I heard the threat issued by northerners against Igbo to leave the North because it shows that it is the lack of knowledge that makes us do things that would hurt us.

“The fact that the Federal Government is dragging its feet in arresting those who issued the threat is an indication that some people are better than others and it does not speak well.”

In his speech, the guest lecturer, Dr. Chiedozie Okoro, warned that delay in restructuring of Nigeria will have negative effects for the country

“For over a decade now, Nigeria has been bestridden by serious agitations for freedom. MEND, MASSOB, IPOB, OPC, Niger Delta Avengers, Boko Haram, etc all represent the interest of various ethnic and religious groups in the country agitating for the freedom of their people.

“All of these points to one fact, with their protests, the people are openly saying the unitary system of government is burdensome and unfavourable and they are bitter about this.

“Restructuring should be vehemently and persistently pursued. It should not be delayed because ethnic nationality consciousness is rife and is not about to subside,” he said.

Meanwhile, in reaction to the “Kaduna Declaration”, the Igbo Ekunie Initiative (IEI), has urged all self-determination groups in the south to jointly seek a referendum from the United Nations to form Southern Nigeria. - Daily Post

Restructuring takes centre stage on June 12



Lagos State GovernorAkinwumiAmbode and former Military Administrator Rear Admiral Ndubusi Kanu (rtd) yesterday stressed the need for Nigerians to uphold democratic values.

They spoke at a symposium organised by the government in conjunction with June 12 Coalition of Democratic Formations to mark the 24th anniversary of June 12 annulled election acclaimed to have been won by late Chief M.K.O. Abiola.

The governor, who was represented at the event by his deputy, Mrs. Idiat Adebule, said the commemoration of the day has strengthened the need for the citizens to remain committed and steadfast in upholding democratic principles.
He said suchdemocratic principles include voter’s registration, voting for the candidate of choice at the polls and avoiding anything that could disrupt peaceful conduct of free, fair and credible election.

Ambode added that memory of June 12 and the events that followed would remain evergreen in Nigeria’s political history, being a process through which Abiola and others laid down their lives in a bid to actualise the popular will of the people expressed through the ballot box.

He said the seed of the Fourth Republic being enjoyed was sown and watered by the blood of men and women who were cut down in their prime, adding that their memories would be honoured until the end of time.

The governor acknowledgedthat the June 12 struggle was waged by Abiola, members of his family and pro-democracy groups, particularly the National Democratic Coalition (NADECO), students, trade unions and Nigerians.

Ambode said it was a thing of joy that by the collective efforts of government and people, Lagos State, over the years, has kept alive the yearnings and aspirations of the people as expressed on June 12, 1993.

He said his administration also embraced Town Hall meeting approach to create avenue for numerous stakeholders and the people to air their opinions and suggest a way forward for the state.
Ambode added that wealth creation and job creation strategies were also adopted with focus on entrepreneurial activities to expose youths and the people to numerous skills to make them either employable or self-employed.

On his part, Kanu drew attention to agitations from parts of the country.
He said former Governor Bola Ahmed Tinubu incubated the state’s developmental agenda and it was advanced by his successor, BabatundeFashola.

Ashiru added that the incumbent governor is expanding and consolidating the vision of development in a seamless, ingenious and brilliant manner.
One of the sons of late Abiola,Mr. Mumuni Abiola, lauded Lagos State and other Southwest states for keeping the memory and legacy of his father alive.

Special Adviser to Ambode on Civic Engagement Mr. Kehinde Joseph, whose ministry organised the event, said June 12 was worthy of commemoration as it remained a defining moment of the nation’s democratic dispensation. - The Nation

Judges recall: You are defending the indefensible, presidency tells NJC


Judges recall: You are defending the indefensible, presidency tells NJC
The presidency has said the National Judicial Council (NJC) is “defending the indefensible” with respect to its justification of the recall of judges accused of corruption.

According to the presidency, contrary to the positon of the NJC, there was a subsisting notice of appeal against the judgment that acquitted justice Adeniyi Ademola.
In a statement issued on Monday, Okoi Obono-Obla, special assistant to the president on prosecution, said some assertions made by the NJC on the issue were false.

He described them as a deliberate misrepresentation of the law and facts.
“I wish to debunk some of the assertions contained in the statement issued by Soji Oye, Director of Information, NJC, which was widely reported in the media on June 12,” he said.

“One of such false assertions by Oye is the claim that the office of the Attorney-General of the Federation had on two occasions – April 18 and April 21- shunned invitations by the FCT High Court for settlement of records of appeal which if it had done, would have elevated the notices of appeal to proper appeal.

“Undoubtedly, the statement of Oye is a deliberate misrepresentation of the law and facts. On the contrary, the FCT High Court Registry by a notice dated 6 June signed by one Paul Edili, Head of Appeal, invited both parties to the appeal to attend court on June 14 for the purpose of reconciliation of records of appeal.

“It goes without saying that the assertion of Oye that the Office of the Attorney -General had on two occasions, April 18, and April 21, respectively shunned the invitation of the FCT High Court Registry is not correct.”

Obono-Obla challenged Oye to furnish the office of the attorney-general with proof of service of the notices that were shunned.
“It is obvious that Oye, in his haste to defend the indefensible, muddled up the law concerning the role of an appellant and the registry of the court where an appeal emanates from.

“In the interest of the discerning public and the need to put the record straight, I wish to state as follows:
“By Order 8 of the Court of Appeal Rules, 2016, the Registrar of the Court below has a duty to compile and transmit the Record of Appeal to the Appeal Court.

“This, he has 60 days to do; commencing from the day the notice of appeal is filed. And it is immaterial that parties do not attend court for purpose of settlement of the said record.

“It is only where the registrar fails or neglects to transmit the record of appeal in accordance with Order 8, Rules 1-3, that the appellant may intervene upon the expiration of the initial 60 days, to compile and transmit the record of appeal.
“And the appellant has additional 30 days to do so. See Order 8, Rule 4 of the Court of Appeal Rules 2016.

“In the instant case, I am unaware of any notice for settlement of record of appeal served on the Office of the Attorney-General apart from that issued on June 6, against the June 14 date.

“But assuming there was any notice for settlement of record of appeal, the failure of the appellant to attend court for settlement of the said record would not prevent the registrar of the lower court from performing his duty in line with Order 8, Rule 2 of the Court of Appeal Rules 2016.

“If the notice of appeal was filed on the April 7, the Registrar of the lower court had 60 days to settle and transmit the record of appeal.
“In fact, with the filing of additional notice of appeal on June 6, the registrar now has additional 60 days terminating on or about Aug. 6, to settle and transmit the record of appeal.

“It is only if, and when, the registrar fails to compile and transmit the record within 60 days effective from June 6, that the appellant may step in to so do within additional 30 days.”
He said the NJC cannot feign ignorance of the rules of the court it supervises and the assertion that it is a total of 45 days that is allowed for the compilation of record of appeal in all circumstances is false.

Ademola resumed sitting on June 7 following a directive by the NJC for him to do so. Cable Nigeria