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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Feb. 8, 2017)
Page 8A NATION East Oregonian Wednesday, February 8, 2017 Judges hammer attorneys on both sides of travel ban case By SUDHIN THANAWALA Associated Press SAN FRANCISCO — President Donald Trump’s travel ban faced its toughest test yet Tuesday as a panel of appeals court judges hammered away at the government’s arguments that the ban was motivated by terrorism fears but also directed pointed questions to an attorney who claimed it unconstitutionally targeted Muslims. The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges also jumped into the larger constitutional questions surrounding Trump’s order, which temporarily suspended the nation’s refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns. The hearing was conducted by phone — an unusual step — and broadcast live from the court’s website to a record audience. Judge Richard Clifton, a George W. Bush nominee, Iranian baby with heart defect admitted to Oregon hospital Greg Lehman/Whitman College via AP In this 2008 photo provided by Whitman College, U.S. District Judge James Robart, right, talks with students at the college in Walla Walla. Robart ruled Feb. 3 in federal court in Seattle to suspend President Donald Trump’s travel and refugee ban. asked an attorney representing Washington state and Minne- sota, which are challenging the ban, what evidence he had that the ban was motivated by religion. “I have trouble under- standing why we’re supposed to infer religious animus when in fact the vast majority of Muslims would not be affected.” Only 15 percent of the world’s Muslims were affected, the judge said, citing his own calculations. He added that the “concern for terrorism from those connected to radical Islamic sects is hard to deny.” Noah Purcell, Washington state’s solicitor general, cited public statements by Trump calling for a ban on the entry of Muslims to the U.S. He said the states did not have to show every Muslim is harmed, only that the ban was motivated by religious discrimination. Clifton also went after the government’s attorney, asking whether he denied statements by Trump and former New York City Mayor Rudolph Giuliani, who said recently that Trump asked him to create a plan for a Muslim ban. “We’re not saying the case shouldn’t proceed, but we are saying that it is extraordinary for a court to enjoin the PORTLAND (AP) — An Iranian infant in need of life-saving heart surgery arrived Tuesday at a Portland hospital with her family after being temporarily banned from coming to the U.S. by President Donald Trump’s immigration orders. Iranian doctors told Fatemeh Reshad’s parents weeks ago that she needed at least one urgent surgery to correct serious heart defects, or she will die, according to her uncle, Samad Taghizadeh, a U.S. citizen who lives in Portland. The family previously had an appoint- ment in Dubai to get a tourist visa. But it was abruptly canceled after Trump announced his executive order banning the entry of people from seven countries with Muslim majorities. The girl and her parents had to return to Iran. A Seattle judge issued a temporary restraining order on the ban the same day a waiver was granted for the baby. “Fatemeh looks well,” said Dr. Laurie president’s national security decision based on some news- paper articles,” said August Flentje, who argued the case for the Justice Department. Under questioning from Clifton, Flentje did not dispute that Trump and Giuliani made the statements. Judge Michelle T. Fried- land, who was appointed by President Barack Obama, asked whether the govern- ment has any evidence connecting the seven nations Armsby, interim head of the Division of Pediatric Cardiology at OHSU Doernbecher Children’s Hospital. “Our tests this morning have confirmed her diagnosis and the urgent need for treatment.” U.S. Sen. Jeff Merkley, an Oregon Democrat, was instrumental in getting the waiver for the baby’s family, as were New York Gov. Andrew Cuomo and immigration attorneys. The hospital issued a statement saying that the family “would like to extend their heartfelt thanks to everyone who helped make their trip possible. The family would like to give special thanks to the congres- sional delegations and governors of Oregon and New York.” Jennifer Morrissey, a Portland immigra- tion attorney who championed the baby’s cause, said “This was truly a team effort to beat the clock, given the medical and legal hurdles Fatemeh was facing.” to terrorism. Flentje told the judges that the case was moving fast and the government had not yet included evidence to support the ban. Flentje cited a number of Somalis in the U.S. who, he said, had been connected to the al-Shabab terrorist group. The ban has upended travel to the U.S. for more than a week and tested the new administration’s use of executive power. The live broadcast of the oral arguments on the court’s YouTube site had 137,000 connections — by far the largest audience for an oral argument since the 9th Circuit began live streaming about two years ago, said David Madden, a spokesman for the court. Some news outlets also carried the live stream. Whatever the court even- tually decides, either side could ask the Supreme Court to intervene. As Trump fears fraud, GOP votes to kill election commission WASHINGTON (AP) — A House committee voted on Tuesday to eliminate an inde- pendent election commission charged with helping states improve their voting systems as President Donald Trump erroneously claims wide- spread voter fraud cost him the popular vote. The party-line vote came less than two days after Trump vowed to set up a White House commission helmed by Vice President Mike Pence to pursue his accusations of election fraud. “We’re going to look at it very, very carefully,” Trump said of voter fraud in an interview with Fox News that aired Sunday. “It has to do with the registration, and when you look at the registration and you see dead people that have voted.” Reports that Trump told congressional leaders in a meeting last month that 3 to 5 million ballots were cast illegally during the 2016 race were met with discomfort on Capitol Hill. While top Republicans have refused to disavow his charges of election fraud, they haven’t pushed for action on the issue, which remains a low priority for congressional leadership. The vote in the House Administration Committee underscored, once again, the political differences between the Republican president AP Photo/Evan Vucci St. Charles, La. Parish Sheriff Greg Champagne, the president of the National Sheriffs Association, listens at left as President Donald Trump speaks during a meeting in the White House Tuesday. and the party’s rank-and- file. The GOP majority on the committee eliminated the Election Assistance Commission, which was created by Congress after the 2000 Florida recount to upgrade voting technology and provide election-related information to federal entities, state officials and election administrators. Republicans, who led the effort to terminate the agency, say it’s a prime example of government waste. They’ve been introducing legislation to end the commission for years with little success. “If we’re looking at reducing the size of government this is a perfect example of something that can be eliminated,” said Rep. Gregg Harper, R-Miss., the committee chairman, after the bill passed on a 6-3 vote. “We don’t need fluff.” Harper said he hadn’t spoken to Trump about the legislation. “He’s certainly welcome to call me at any time,” he said. In separate testimony on Capitol Hill, Homeland Security Secretary John Kelly endorsed providing states “as much help as we can to make sure that their systems are protected in future elections.” The bill was opposed by committee Democrats and voting rights groups, who argued that the federal agency plays a vital role in protecting elections from hacking and other types of interference. “At a time when the vast majority of the country’s voting machines are outdated and in need of replacement, and after an election in which foreign criminals already tried to hack state voter regis- tration systems, eliminating the EAC poses a risky and irresponsible threat to our election infrastructure,” said Wendy Weiser, the democ- racy program director at the Brennan Center for Justice. Congress allotted nearly $3.3 billion to states and territories to support upgrading voting systems, and much of that money was placed into bank accounts where it gained interest. As of October 2015, the most recent date available, nearly $376 million remained unspent in dozens of states across the country. “Each day we hear from state and local election officials who need our help to navigate the challenges they face,” said EAC chair Thomas Hicks, in a state- ment. “We are focused on serving them and the Amer- ican voters. Congress should remain a trusted partner in that effort.” The committee also voted to terminate the public financing system, which provides major party presidential nominees a lump sum grant of roughly $94.14 million in the general election. But by accepting the grant, a candidate may not raise any additional funds and is severely limited in how much of their own money they use. President Barack Obama effectively ended the practice of candidates taking general election public financing in 2008, when he chose not to accept it. His Republican rival John McCain took the grant that year and was swamped by the Obama campaign’s spending. Neither Hillary Clinton nor Trump accepted public financing this year.