Jeffrey Toobin Catching On – President Trump’s Executive Order Wins by Losing…

There are two ways you can tell when moonbats are losing, one is subtle the other is obvious.  A subtle indicator is how the entire MSM apparatus switched (literally overnight on Thursday) from calling President Trump’s executive order a “Muslim ban” to calling it a “Travel Ban”.


The more transparently obvious indicator is when someone like swamp defender Jeffrey Toobin tells his fellow travelers: ‘not so fast on that celebration there folks‘.

[…]  The botched launch of the order, as well as the President’s crude attempts to disparage the judges who evaluated it, certainly poisoned the atmosphere in which the case was heard. But it’s clear that the Justice Department will keep pressing the defense of the executive order, and the plaintiffs’ celebrations, while understandable, may turn out to be premature. –link

The best hope for the moonbat’s position against Trump -in final disposition- was expedited travel to the U.S. Supreme Court while there’s still a 4-4 split.

As we pointed out yesterday, the ninth circuit victory to the plaintiff’s side of the argument puts the leverage of requesting a SCOTUS review in the hands of the Trump administration – and they are in no hurry to get there just yet.

melania-and-donald-af1-3U.S. President Donald Trump said late on Friday aboard Air Force One that he is considering issuing a new travel ban executive order, while White House Chief of Staff Reince Priebus said the administration could still escalate a legal dispute over Trump’s original travel ban to the Supreme Court.

[…]  In a surprise visit with reporters aboard Air Force One en route to Florida from Washington, Trump said he was considering “a brand new order” that could be issued as soon as Monday or Tuesday if he decides to move in that direction.

[…]  Earlier, a White House official had said that the administration was not planning to escalate the legal dispute to the Supreme Court, but Priebus later on Friday told reporters that such a move remained a possibility.

“Every single court option is on the table, including an appeal of the Ninth Circuit decision on the TRO to the Supreme Court, including fighting out this case on the merits,” Priebus said.

“And, in addition to that, we’re pursuing executive orders right now that we expect to be enacted soon that will further protect Americans from terrorism.” –link

For all intents and purposes President Trump can effectively implement the national security ‘travel ban’ through the authority of executive policy by outlining principles of “extreme vetting”.

“Extreme vetting” can be just about any national security enhancement the Trump administration determines. For example, if there’s no U.S. embassy to issue a travel visa in the country of origin, a simple flex of a rule mandating that basic requirement can effectively rule out hope for a travel permit from 5 of the 7 countries within the original order.

Underlying the strength of President Trump’s position, and in a highly unusual example in that regard, we find a judge within the ninth circuit court of appeals requesting a vote for an en banc review of the originating appellate three person decision.  Neither the plaintiff (Washington state) nor the defendant (Trump DOJ) requested a full ninth circuit review (en banc decision).

The victorious plaintiff would have no motivation for such a review, and the DOJ doesn’t need to rush any appeal given the alternative avenues to accomplish the same goals.

In the interim Democrats, their activists and the liberally-minded judiciary are on the hook if any terrorist event takes place where U.S. national security is compromised.  Eventually the case might -if Trump DOJ wants it- make it to the supreme court and the Executive authority will be upheld.  Politically it is a win/win/win scenario for President Trump.

In the larger context, if the Trump DOJ had won the ninth circuit appeal they would have been in a weaker position because the plaintiff (Washington State) would have cause for an automatic appeal to SCOTUS.   By losing in the ninth circuit Trump holds the leverage for next steps.  It is an odd albeit not unfamiliar situation.

Historically, in both the George Zimmerman legal case and the Freddie Gray legal case the aggregate activists wanted their side to lose.  It’s easier, better, for BLM activists, to frame the legal system as broken when they lose.  Losing provides the conduit to shout: ‘See, the system is broken’.  This is why CTH always framed those prior cases as politically motivated, not actually legal cases.

Politics, not law, drove both of those prior cases to court and the subsequent trials.  The legal outcomes were entirely predictable and correct. However, the losing side leveraged their loss to fuel a false narrative and change a moment into a movement.

In an odd dynamic, in this situation the roles are uniquely reversed.  Politically, Trump wins by losing in the Ninth Circuit Appeal and everyone sees how corrupt the system is. However, unlike Zimmerman or Gray, in the final disposition – the law will fall rightly upon the side of Trump.  Jeffrey Toobin is one of a multitude of legal analysts advance signaling this eventual outcome to those who will have to swallow the bitter pill.

While all this is going on President Trump can confidently enjoy his weekend; and in full relaxation and comfort mode, map out the next aspect to a winning strategy.


This entry was posted in AG Jeff Sessions, Big Government, Big Stupid Government, media bias, Mike pence, Muslim Grievance Industry - MGI, Occupy Type Moonbats, President Trump, Refugees, Typical Prog Behavior, Uncategorized. Bookmark the permalink.

234 Responses to Jeffrey Toobin Catching On – President Trump’s Executive Order Wins by Losing…

  1. Howie says:

    Lookit. My theory is they have a Rat. Kennedy or Roberts. If Trump had taken the bait the 4 Crackpots would have tied the vote and the order would stand. Now that Trump did not bite their only hope is to reverse themselves so the planitiffs can appeal and the RAT will have to expose. The whole TACO was to get a favorable SCOTUS precedent. This is so clear to me. Good Grief.

    Liked by 14 people

  2. WeThePeople2016 says:

    I have said all along that Trump is up to something and that he has a plan. Do you know how many lawsuits that Trump has been involved with in the past 30+ years? The pundits, including so-called GOP pundits, were criticizing Trump’s roll out of the EO. I think it was implemented as planned. Even the RINOs such as Corker criticized the roll out. Remember McConnell last Sunday on CNN distancing himself from Trump? Now, when it becomes obvious that Trump will win in the end when all is said and done, these whiners who are quick to get themselves on CNN, MSNBC, and FOX, are going to look like fools.

    Liked by 11 people

    • wallace should eat crow!

      Liked by 5 people

    • timefortrump says:

      Plus now he has new AG Jeff Sessions helping him and acting in his new role to carry out all lawful orders

      Liked by 5 people

      • ladypenquin says:

        Right. Plenty of laws already on the books to be enforced. Written law. Going to be tough challenging the LAW. We’re in this mess because the laws weren’t enforced. Democrats figured out that they needed a new population flooding in to keep their voter numbers up. Only way to do that was create more dependents for the “generous” providers.

        Liked by 2 people

    • Dixie says:

      This reminds me of the time prior to the election when that tape was revealed when Trump was recorded talking “guy talk” and all the republican senators were so quick to criticize Trump, including Ryan uninviting Trump to his campaign event. They are always so quick to jump in the flames and are surprised when they come out burned. SMH.

      Liked by 7 people

    • Even if Trump didn’t foresee this whole battle, outing some more of the GOP who don’t have his back is still more winning worth all the drama. He has clearer confirmation now of the disloyal and the saboteurs, and more justification for isolating them from the Administration. Nice.

      Liked by 6 people

    • The Demon Slick says:

      It’s Sunday morning as I write this and the talking points are clear, every from Grahamnesty to cnn Cuomo, “Trump should reissue the order, Trump should rewrite it to eliminate the courts objections” over and over, from lefties to fake conservatives. The problem is that would be a tacit admission the court has the right. No way! I heard what Trump said on the plane yesterday. Is he trolling them or believing the BS? I hope the former. He’s certainly got the 9th in a tizzy. They might even move against themselves without Trump lifting a finger! It’s the only way for them to avoid a national embarrassment. I know, probably too hopeful, but it’s odd their moving on their own.

      Liked by 2 people

  3. Martin says:

    Liked by 14 people

  4. Howie says:

    This trap is about much more than the instant case at hand. It is a trap for other future cases. I know most do not understand this stuff but do not be myopic when you look at this.

    Liked by 7 people

  5. Flotus!

    Liked by 11 people

    • Sd remove it. I placed it in the wrong thread!

      Liked by 3 people

    • uc i says:

      First Lady Melania,

      Beautiful photograph of the church where you and our President worship.

      Amidst the deceit and danger both of you and your families face daily, may your days fill with beauty, peace, hope, and strength.

      Thank you for being you…

      February 11, 2016, 8:22pm

      Liked by 10 people

    • ladypenquin says:

      I find it beyond irony that one of the criticisms about Trump was that he was “boorish” “no class” “rough around the edges” – a boy from Queens (my very own home borough – born in Flushing hospital) when, in fact, he has more class and knows diplomacy, manners and decorum than his predecessor, Obama, could even pretend to have. I was shocked at the classlessness exhibited during the Obama admin. At first, I thought it was just a matter of the staff not informing them about diplomatic protocols, but then realized no, these folks don’t know, and furthermore, don’t care.

      This is one of the most beautiful State visits I’ve had the pleasure to observe. Graciousness and diplomacy go together, something the Obamas were clueless about.

      PS The Hollywood trash will hate President Trump and Flotus for their simple elegance upstaging their community organizer.

      Liked by 2 people

  6. never trump judges!

    Liked by 5 people

  7. call

    Liked by 8 people

    • Okeydoker says:

      The stupid, partisan, left wing dirtbag hack should be impeached and removed. He is a disgrace to the legal profession and an embarrassment to the bench. Judges everywhere should demand his resignation. He is too stupid and corrupt to be a judge.

      Liked by 5 people

  8. Dan Epright says:

    This is almost too easy. Cut a new Executive Order. Cut a thousand of them. President Trump can cut an Executive Order faster than any particular case can be adjudicated.

    Additionally, the U.S. Customs officials on the front lines have received a clear signal from the Commander in Chief, and are now free to DO. THEIR. JOBS. You can be sure they will put the ol’ hairy eyeball on each and every Passport and Visa from the suspect countries. If the gold leaf on the cover of your passport is peeling, if the ink on the signature is blurry, if the visa stamp is crooked, expect to be rejected. Best to have return airfare.

    Additionally, President Trump can in fact cut an executive order that does not talk about people, does not talk about countries, but talks about the documentation, or lack thereof. If the paperwork is suspect, then the prospective immigrant is blocked. Nothing personal, mind you. We love you to pieces. We love your country. It’s the PAPERWORK. It just isn’t trustworthy, so you cannot travel on it. Hey, we’re sorry! Have a nice day!

    Liked by 12 people

    • timefortrump says:

      President Trump can clog up the courts like the Mexican illegals are planning to do… hahahaha Make their heads explode please!

      Liked by 2 people

    • conradca says:

      I don’t understand why Trump didn’t just change the method used to vet people wanting entry into the USA? Require that all of them be vetted and extreme vetting of those from countries that have significant terrorism or crime. It is almost impossible to vet those from the 7 counties and quite a few others also so this would have the desired effect for Trump.

      Liked by 1 person

  9. M. Mueller says:

    Question. Since we are trying to get rid of so many illegal immigrants, could President Trump set up several immigration courts and appoint judges to them? Every case of that sort would have to go through those courts, and since the ACLU and many other organizations are talking about going to court every time we try to deport this would end “judge shopping” and unclog our courts for other matters.

    Liked by 5 people

  10. PBR Street Gang says:

    Our President Trump is playing 3D chess to the leftest checkers. Wow! Trump knew the 9th Circus Ct. of Appeals would rule in his favor, i.e., against him. Trump knew the DOJ lawyer was probably inept or disloyal or both.

    Now the leftests are starting to realize they have been out maneuvered and are beginning to understand that any Islamist attack is owned by them. The unnamed judge that called for an en banc is a glaring error. That signals Trump that he won by losing.

    Wow! Our President Trump owns the leftests/media.

    Liked by 5 people

  11. snailmailtrucker says:

    I just Love the 9th. Circus Court APPEALING their Own Decision !

    That’s as Liberal as it Gets !

    Liked by 3 people

  12. LULU says:

    From a great source:

    The President Versus the Judges

    “Judges as persons, or courts, as institutions, are entitled to no greater immunity from criticism than other persons or institutions. There have sometimes been martinets upon the bench … who have used the paraphernalia of power in support of what they called their dignity. Therefore, judges must be kept mindful of their limitations, and of their ultimate public responsibility by a vigorous stream of criticism expressed with candor, however blunt.” We should not “protect the court as a mystical entity, or the judges … as anointed priests set apart from the community and spared the criticism to which in a democracy other public servants are exposed.”

    Who said this? a) Donald Trump; b) Steve Bannon; c) George Wallace; d) Felix Frankfurter; e) Hitler.

    Liked by 2 people

  13. freepetta says:

    Our wonderful president who is saving our country from the terrorists will rewrite this order with the legal mind of Jeff Sessions!!! This next one will be a winner and will make the terror loving libs cry. It will be unimpeachable and binding!!


  14. UKExpat says:

    The ‘FIX’ is simple forget the ‘Travel ban’ and no need for a new EO just don’t approve any new Visa’s at all from those countries , drag out the vetting process for YEARS and use any excuse whatsoever to deny approval. they will soon get the message.


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