AG Ferguson disappointed in Trump’s flippant reaction to judge’s ruling
Feb 6, 2017, 6:40 AM | Updated: 7:33 am
鈥淗e鈥檚 a bully and he can鈥檛 take defeat like a man.鈥
Washington State Attorney General Bob Ferguson told 成人X站 Radio鈥檚 Dave Ross that statements made by President Trump following a ruling by U.S. District Court Judge James Robart on Friday to temporarily halt the travel ban are sad.
On Saturday, President Trump tweeted: 鈥淭he opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!鈥
鈥淐alling a federal judge — whatever you think of their decision — a 鈥榮o-called judge,鈥 it鈥檚 insulting to our system of government, the judiciary,鈥 Ferguson said. 鈥淚t鈥檚 not right and frankly, the president is on an island with comments like that.鈥
Dave Ross’s commentary: He may have sabotaged himself
Trump continued the sentiment again on Sunday. 鈥淛ust cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!鈥
Before tweeting about the Super Bowl, Trump wrote, 鈥淚 have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!鈥
By Sunday morning, the San Francisco-based 9th U.S. Circuit Court of Appeals had denied the Trump administration鈥檚 request to set aside Judge Robarts鈥檚 ruling.
Ferguson said Trump鈥檚 travel ban violates constitutional protections against discrimination based on religion.
Jason Rantz: The insufferable ‘so-called judge’ hypocrisy
鈥淥ne cannot favor one religion over another and President Trump was crystal clear when he was a candidate for office that he wanted a Muslim ban,鈥 Ferguson said. 鈥淎s recently as a few days ago, Mayor Giuliani went on the news to say 鈥榊eah, the president called me to put together a Muslim ban but find a way to do it legally.鈥 That鈥檚 not how it works.鈥
鈥淢uslim鈥 does not actually appear in
Ferguson said Judge Robart, appointed by President George W. Bush, was very aware of that fact, but the AG argued that 鈥淥ne does not have to say overtly on an executive order or on a law that you鈥檙e going to be discriminating against someone.鈥
鈥淚f it is a motivating factor behind why something was implemented, even if on its face the plain language does not necessarily suggest it鈥檚 discriminatory, as long as it鈥檚 clear the motivating factor or a motivating factor was, as in this case, favoring one religion over another, that makes it unconstitutional.鈥
There are direct quotes from President Trump during his camp that Ferguson said gave him the evidence he needed to file a claim.
Ferguson said he鈥檚 frightened by an argument from the federal government that, 鈥淥ne cannot look behind an executive action at all. Can鈥檛 be questioned, can鈥檛 look at the motivation, can鈥檛 try to understand why they did it.鈥
The AG doesn鈥檛 dispute the authority attached to a president鈥檚 executive order, but he also said there are checks and balances that allow a federal judge or attorney general to investigate the motivation.
鈥淭hat is not the law and frankly, it cannot be the law in our country.鈥
Ferguson鈥檚 office had until 2:59 a.m. EST Monday to submit briefs opposing the government鈥檚 request. The Justice Department then had a 6 p.m. EST deadline to respond.