DONALD TRUMP MAY ASK FOR YOUR SOCIAL MEDIA PASSWORDS IF YOU ARE PLANNING TO VISIT US IN FUTURE

The article originally appeared on India Today.
Here it is modified and extended.

That may be the case if the US puts into place one of many ideas that the Donald Trump administration is working on to introduce the extreme vetting measures for visiting foreign nationals as Donald Trump had promised during his presidential campaign.

According to a report in the Wall Street Journal, that has widely echoed in the US media and has started a debate, the Trump administration is considering, among many other things, to ask the travellers to hand over their mobile phones and the passwords of their social media accounts to see who they are ‘communicating with’ and if they are following an ideology that is hostile to the US interests.

How seriously the Trump administration is thinking about implementing these harsh vetting measures can be gauged from the fact that the US Homeland Security Secretary John Kelly talked about it during a Congressional hearing in February. “We want to say for instance, ‘what sites do you visit? And give us your passwords,’ so that we can see what they do on the internet”, the Wall Street Journal report quoted him saying. Mr. Kelly added, “If they don’t want to give us that information then they don’t come’, a favourite campaign promise of Donald Trump.

The extreme vetting process that the Trump administration is working on is going to be designed to start at the application level where one would be asked to share one’s phone contacts so that it can be probed against the information available in the US database and the changes are expected to apply even to people from friendly countries and allies like Japan, the UK, France and Australia, the report says.

EXTREME VETTING

Thorough vetting on airports is common, especially on the US airports after the September 11, 2001 terror attacks, at times it raises controversies when some important person of a country is detained on the US airports merely on the suspicion raised by his name, like it happened with Shahrukh Khan.

Extreme vetting that is Donald Trump’s favourite phrase, intends to take the existing vetting process to the extreme level. He always uses it to convey his viewpoint on how to regulate entry of foreigners in the United States. During an interview last year, he had said that he didn’t care what people called it but, if elected, he would see to it that people from suspicious territories are subjected to ‘deep scrutiny’.

An NBC News report quoted Donald Trump saying, “We’re going to have a thing called ‘extreme vetting.’ And if people want to come in, there’s going to be extreme vetting. We’re going to have extreme vetting. They’re going to come in and we’re going to know where they came from and who they are.” He reiterated this in his speeches and tweets.

After becoming the US president, he introduced his highly controversial immigration and travel ban plan targeting people from some Muslim majority countries. In defense, he tweeted that the US needed ‘strong borders and extreme vetting.

Donald J. Trump‏Verified account
@realDonaldTrump
Our country needs strong borders and extreme vetting, NOW. Look what is happening all over Europe and, indeed, the world – a horrible mess!
6:38 PM – 29 Jan 2017

The US courts found both the versions of his travel ban discriminatory and in bad taste and blocked them. But extreme vetting was part of Trump’s executive order on travel ban that the court didn’t put a hold on.

The proposed move has already created a big debate in the US with civil society groups and advocacy groups raising their concerns. One of their main logics is what if other countries decide to do the same with the US citizens. Also, the concern is about its effectiveness. Terrorists who are plotting something against the US will try to enter the US with a clean slate to thwart these extreme vetting measures. And then the all encompassing issue of the ‘right to privacy’, that may again take the whole extreme vetting issue to the courts.

©SantoshChaubey

TRUMP’S ‘EXTREME VETTING’

‘Extreme vetting’ is Donald Trump’s favourite phrase. He always use it to convey his viewpoint on how to regulate entry of foreigners in the United States. During an interview last year, he had said that he didn’t care what people called it but, if elected, he would see to it that people from suspicious countries are subjected to ‘deep scrutiny’.

An NBC News report quoted Donald Trump saying, “We’re going to have a thing called ‘extreme vetting.’ And if people want to come in, there’s going to be extreme vetting. We’re going to have extreme vetting. They’re going to come in and we’re going to know where they came from and who they are.” He reiterated this in his speeches and tweets.

After becoming the US president, he introduced his highly controversial travel ban plan, targeting people from some Muslim majority countries, which was banned by the courts for being discriminatory and in bad taste. In defence, he tweeted that the US needed ‘strong borders and extreme vetting.

Donald J. Trump‏Verified account
@realDonaldTrump
Our country needs strong borders and extreme vetting, NOW. Look what is happening all over Europe and, indeed, the world – a horrible mess!
6:38 PM – 29 Jan 2017

In the light of Donald Trump’s failed travel ban plans and his harsh rhetoric on immigrants, refugees, foreign nationals visiting the US, Muslims and racial minorities, we are going to hear more and more of this phrase.

Like it is phrased, it is going to be more and more extreme in coming days as Trump and his administration will try to impose its narrow worldview in the context of Trump’s mounting failures and controversies.

Trump won the US polls riding high on an inward looking, divisive agenda and embarked soon on implementing it with prolific disdain for the global trade and military agreements including the NATO, his desperate emphasis on ejecting out immigrants and racial minorities, his audacious verbal launch of the wall along the Mexican border that miserably failed and most recently, his biggest debacle so far, when he and his Republican Party could not garner enough votes in the US Congress to ‘repeal and replace’ Obamacare, the healthcare programme launched by Barack Obama in 2010. Trump’s loss precipitates even more because he demonized Obamacare like anything.

But as most of these Trump policies have failed or have attracted domestic as well as international condemnation, Trump and his team may chose to play even harder its inward looking, divisive agenda that had initially propelled his supporters, in order to divert attention from his increasing failures and decreasing popularity. Indications coming out from the most powerful public office in the world tell so.

©SantoshChaubey

#THETRUMPDUMP: JUDICIAL OVERREACH OR TRUMP’S OVERREACH – AMISTAD LESSONS

US President Donald Trump thinks the US Judiciary is like that of the third world countries, a term that is derogatory and its use is not recommended. By doing so Donald Trump tries to stereotype a large section of the world as well as his own Judiciary, a marvel of humanity that is appreciated across the world.

Steven Spielberg’s 1997 film Amistad, based on the plight of African slaves on board ship Amistad in 1839, who were subject to intense court proceedings and social debate on slavery in America after they had mutinied and killed their captors, has two very moving scenes about independence and fine jurisprudence of the US Judicial system.

First, the then US President Martin Van Buren (1837-1841), under the pressure of pro-slavery southern US states and Spain, gets the judge of the US lower court replaced sensing that the presiding judge would rule against the slave traders and the US government, as the evidence demanded. Buren’s administration replaces him with a young judge expecting a favourable decision from him as the young judge would have his whole career before him and he would not go against the state. But, on the contrary, judicial wisdom and human conscience decides what the young judge would do – the just thing – and he rules against the slave traders and the US government – even if he knows that it will hurt his future career opportunities.

In the final scene of the film, we come across a fine closing argument in the case of the Amistad Africans in the US Supreme Court by John Quincy Adams, former US President (1825-1829) and the senior attorney here. Incidentally, under the pressure of the Southern states and Spain, the US government moves to the US Supreme Court. Though Adams never openly admitted that he was an abolitionist, he, in fact, was and agreed to defend the cause of the Amistad Africans in the US Supreme Court. As the film’s script goes, in support of his arguments, Adams reminds the judges of the US Supreme Court that the Queen of Spain, in official communication with the US, again and again, refers to the incompetent US Courts, comparing with the courts in her country that do what the state demands, something that Adams terms ‘as she plays with her own courts’ in a magical kingdom called Spain. Seven of the nine US Supreme Court judges were themselves southern slave owners. Adams invoked the US Declaration of Independence, freedom and equality of man and the previous US Presidents who fought for these values in his speech. The case was weak technically, apart from the ill-intent of the US administration. Add to it the impeccable defense mounted by John Quincy Adams. But a fear was lingering in everyone’s mind – that majority of the judges were slave masters – a fact that could have easily overturned the decision of the lower court in favour of the US administration and Spain. But like the lower court, the spirit of the US Judicial wisdom prevailed. With just one dissent, the US Supreme Court ruled in favour of the Amistad Africans.

That was 1840s. The film is more or less a true account of one of the most important episodes in the history that propelled the anti-slavery movement in the US to its final fight that resulted in Abraham Lincoln’s Thirteenth Amendment (January 31, 1865) that made slavery illegal thought the US, including the southern states.

Now if someone like a US President feels that the level of that judiciary, that showed a true judicial independence based on the rule of law some 200 years ago, is like of those countries where the judicial independence and integrity are easily compromised, then we can easily assume that the person saying such absurd things has other designs.

This Amistad spirit is alive and kicking in the US Judiciary is evident from the fact that both versions of Trump’s controversial travel ban, that target Muslims and immigrants, were turned down by the US Courts. Donald Trump was always livid over the US Judiciary. And the fact that he drew this the third world’ corollary during his campaign phase, before becoming the US President, tells us that he has designs against the US Judiciary. He would have been advised by his inner circle to pre-empt his moves and to take on the US Judiciary as the Judiciary was expected to play spoilsport in his bizarre policy moves like this travel ban travesty.

Though Donald Trump has said of moving to the US Supreme Court against the ban on his ‘travel ban’, hoping that the 5-4 conservative majority in the top US Court would help him with his Supreme Court nominee Neil Gorsuch confirmed, the US Judicial history tells us otherwise, as evident from the Amistad example where six of the slave owing judges ruled against slavery. Neil Gorsuch and a conservative majority over the liberal judges may not work for Trump. Martin Van Buren says in Amistad, replying to the representative of Spain’s queen, that it is the it is the ‘independence of the US courts that keeps the people of the US free’.

©SantoshChaubey

DONALD TRUMP’S NEW TRAVEL BAN TOO IN COURT’S FIRING LINE

The article originally appeared on India Today.

A new travel ban is set to come into force from March 16, if it goes as intended, without the US courts pitching in. The new Donald Trump executive order was signed on Monday, March 6, after five weeks of the first futile attempt to ban immigration from some Muslim majority countries.

On its part, the Trump administration has gone for all cosmetic changes to its previous version of the executive order issued on January 27 that aimed to put a ban on people from seven Muslim majority countries so that it can evade the courts, like exemptions for green card holders permanent US residents and for those already having a US visa.

But the new travel ban order, that drops Iraq from its list and goes soft on Syrian refugees in terms of the language used, does talk of withholding new visas for 90 days to the people from the six countries, Iraq, Somalia, Yemen, Somalia, Sudan and Syria. The new executive order drops Iraq from the list as the Trump administration feels that the new vetting procedure of the prospective travellers adopted by the Iraqi government is promising enough to take care of the US security concerns.

But it seems these cosmetic measures are not enough to save even this new Trump dump from the judicial scrutiny. A federal judge in the US state of Hawaii has allowed the state’s amended petition challenging the new travel ban by the Trump administration. The state of Hawaii had filed a lawsuit against the first executive order on travel ban but a national injunction on the Trump’s travel ban by a Washington court had put an automatic hold on it.

In its amended lawsuit, the state of Hawaii has argued that the new executive order on travel ban doesn’t change much and violates the right to freedom of religion. Also, the state says in its lawsuit, that the travel ban would adversely affect the social fabric and economy of the state by targeting a religion and thus hindering people’s movements in its educational institutions and in the society as a whole, something that is against the US Constitution.

A Hawaii judge has accepted these contentions and is set to hear the lawsuit on March 15, before it comes into effect on March 16. The court has issued notice to the Trump administration to submit its response by March 13.

This Hawaii lawsuit may be the beginning of yet another round of court hearings that may again cloud the Trump administration’s divisive agenda to put a ban on people’s movement from some Muslim majority countries as some other states that had successfully challenged the earlier version of the executive order, including the state of Washington, have said that they are carefully reviewing the new executive order before deciding on their next step. The Hawaii court hearing may give them the reason they need to go ahead with their own lawsuits.

©SantoshChaubey

WHY DONALD TRUMP IS TAKING ON US JUDICIARY

The article originally appeared on India Today.
Here it is bit modified and extended.

US President is disgusted and he letting the world known the root-cause of his anger, the US Judiciary, that has stayed the Trump administration’s controversial travel ban order on people from seven Muslim countries, Syria, Iran, Iraq, Libya, Somalia, Yemen and Sudan for 90 days. His order also suspended the US refugee programme for 120 days and put an indefinite ban on Syrian refugees.

Trump said he was doing so to prevent entry of terrorists in the US but it seems no one is buying that.

First, the New York District Judge on January 28 had partially stayed Trump’s executive order barring deportations already arrived on the US soil with a valid visa. Then on January 3, the Seattle District Judge, though temporary, put a complete, nationwide stay on the executive order.

How desperate is the Trump administration about its travel ban plans becomes evident from the fact that the US Justice Department approached the Ninth Circuit Court of Appeals late in the night, after midnight, against the Seattle District Judge order. But even that court refused to grant Trump administration any immediate respite till the next hearing that is scheduled for today.

Meanwhile, protests again Trump’s executive order spreading nationwide and in many other countries and the number of protesters is swelling, including the corporate America, information-technology companies and some Republican senators like John McCain, Lindsey Graham and more importantly Mitch McConnell, the Majority Leader of the US Senate, who said that in case of an adverse court ruling, the Congress would not help Trump with his travel ban plans.

It has left Trump fuming and he has chosen his favourite platform Twitter to let the world know his anger and he began his onslaught with a ‘MAKE AMERICA GREAT AGAIN!’ tweet on February 4 that followed five more tweets on the issue on February 5 and two on February 6. He has continued with his agenda and today tweeted to say that ‘courts must act fast’ on his travel ban order and the day is not over yet. Also, Trump added today that he was ready to go to the Supreme Court to get his travel ban order implemented.

THE HIDDEN AGENDA?

According to a Washington Post report, the Trump administration has inherited 103 judicial vacancies in the federal and district courts from the Obama administration. It is almost double to what Barack Obama had got, 54 vacancies to fill judges of his choice.

What Barack Obama had inherited from his predecessor George Bush was a Republic legacy with majority of Republican nominated judges in 10 of 13 circuit courts as per a USA Today report. It took Barack Obama eight years to replace the Republican choices with Democratic nominees but his progress was halted midway in 2015 when the Republicans took the US Senate control. The Obama administration blamed the Senate Republicans for deliberately obstructing the process.

Nominating judges in the US courts has always been the prerogative of the US President and his party and so being majority of Democrat nominees or Republican nominees is a natural things and we should not look beyond that.

But the perception about Donald Trump changes that normal. The Washington Post report writes that ‘Trump has vowed to choose ideologues in the mold of the late Supreme Court justice Antonin Scalia, a conservative icon — a prospect that has activists on the right giddy’. Antonin Scalia, a Ronald Reagan appointee to the US Supreme Court, was seen as a legal luminary but with a conservative mindset who vocally opposed gay rights and abortion.

Scalia’s death last year had given Obama an opportunity to tilt the 5-4 conservative majority in the US Supreme Court in favour of a 5-4 liberal majority but the Senate Republicans didn’t allow Obama’s nominee Merrick Garland.

And it seems Trump has started giving shape to his plans to reshape the US judiciary. On January 31, Trump nominated appellate judge Neil Gorsuch to fill Scalia’s vacancy. If confirmed, Gorsuch will again tilt the 5-4 majority in favour of the conservatives.

TRAVEL BAN A CHANCE?

The way Trump is criticising the US Judiciary on putting a stay on his travel ban executive order, it seems it can be the beginning of the process to rapidly fill the US Judiciary with more conservative judges who are likely to have a favourable view of Trump’s administration conservative policies like travel ban or stopping funds to the NGOs working for abortion.

Trump thinks the present US Judicial System is like ‘that of a third-world country’ and rigged, a CNN report says, “Folks, we’re living in a third-world country. This has never happened before. This is the lowest point in terms of our judicial system. This is the lowest point in the history of our country. Remember that. And when I talk about a rigged system, let’s see what happens. Let’s see what happens.”

His tweets say it all, his disdain for the US Judiciary. He finds the judges’ decision to put a stay on his executive order ridiculous. He is blaming them to make the US unsafe by allowing terrorists and dangerous people to pour in. It is as if denouncing all the systems that existed in the US before Trump who want to change it all. Probably, this is his way to initiate ‘making America great again’!

And a more ‘likeminded and amenable judiciary’ can be a great help here, especially when the US under Trump is going to see a flurry of lawsuits against Trump’s decisions that his rivals see as controversial. That is bound to happen as Trump’s victory has bitterly divided America and he took oath with historically low approval ratings amid nationwide protests.

Barring few, Republicans who control both Houses of the US Congress, have backed Trump’s travel ban and judges’ adverse views on it may propel them to have more likeminded, conservative judges in the judicial circuits. True that will take some time but then Trump is ready to move to the Supreme Court and he may expect a respite there with a 5-4 conservative majority once Neil Gorsuch is approved.

©SantoshChaubey

TRUMP VS JUDICIARY

US President is disgusted and he letting the world known the root-cause of his anger, the US Judiciary, that has stayed the Trump administration’s controversial travel ban order on people from seven Muslim countries, Syria, Iran, Iraq, Libya, Somalia, Yemen and Sudan for 90 days. His order also suspended the US refugee programme for 120 days and put an indefinite ban on Syrian refugees.

Trump said he was doing so to prevent entry of terrorists in the US but it seems no one is buying that.

First, the New York District Judge on January 28 had partially stayed Trump’s executive order barring deportations already arrived on the US soil with a valid visa. Then on January 3, the Seattle District Judge, though temporary, put a complete, nationwide stay on the executive order.

How desperate is the Trump administration about its travel ban plans becomes evident from the fact that the US Justice Department approached the Ninth Circuit Court of Appeals late in the night, after midnight, against the Seattle District Judge order. But even that court refused to grant Trump administration any immediate respite.

So, now the law will take its own course. Both sides will be asked to present their sides and then the court will arrive at a decision, a decision, that again, can be challenged in higher courts. Meanwhile, protests again Trump’s executive order spreading nationwide and in many other countries and the number of protesters is swelling, including the corporate America and the Republican senators like John McCain, Lindsey Graham and more importantly Mitch McConnell, the Majority Leader of the US Senate, who said that in case of an adverse court ruling, the Congress would not help Trump with his travel ban plans.

It has left Trump fuming and he has chosen his favourite platform Twitter to let the world know his anger and he began his onslaught with a ‘MAKE AMERICA GREAT AGAIN!’ tweet on February 4 that followed five more tweets on the issue the next day and two more today and the day is not over yet.

‏@realDonaldTrump
I have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!
2:12 AM – 6 Feb 2017

‏@realDonaldTrump
Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!
2:09 AM – 6 Feb 2017

‏@realDonaldTrump
The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!
6:18 AM – 5 Feb 2017

‏@realDonaldTrump
What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?
2:14 AM – 5 Feb 2017

‏@realDonaldTrump
Why aren’t the lawyers looking at and using the Federal Court decision in Boston, which is at conflict with ridiculous lift ban decision?
5:07 AM – 5 Feb 2017

‏@realDonaldTrump
Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision
3:14 AM – 5 Feb 2017

‏@realDonaldTrump
What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?
2:14 AM – 5 Feb 2017

‏@realDonaldTrump
MAKE AMERICA GREAT AGAIN!
7:56 PM – 4 Feb 2017

His tweets say it all, his disdain for the US Judiciary. He finds the judges’ decision to put a stay on his executive order ridiculous. He is blaming them to make the US unsafe by allowing terrorists and dangerous people to pour in. It is as if denouncing all the systems that existed in the US before Trump who want to change it all.  Probably, this is his way to initiate ‘making America great again’!

©SantoshChaubey