Petition: Impeach Judge James Robart For Lifting Ban on Immigration

jshreffl

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Please sign at https://petitions.whitehouse.gov/petition/impeach-judge-james-robart
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We The People Ask the Federal Government to Call on Congress to Act on an Issue:
Impeach Judge James Robart

On February 3rd, 2017, James Robart, a federal district court judge, violated his oath of office by issuing a restraining order against the lawful authority of the People of the United States of America, which order obstructs the execution of needful immigration and travel laws, in usurpation of the lawful powers of the federal executive and legislature, and in violation of the law of nations. The said order endangers the People by allowing the admission of belligerents within the limits of the United States. Whereas federal judges hold their offices subject to good behavior, James Robart must therefore be removed from office.

END OF PETITION

Explanation of Petition to Impeach Judge James Robart, part 1

This petition should need no explanation for those who read the Constitution for the United States of America [1] and are aware of recent events with the case State of Washington et al versus Donald Trump et al, Case number 2:17-00141 [2] in Western District of Washington at Seattle, and also appellate case number 17-35105 [3] in the US Court of Appeals for the Ninth Circuit.

[1] https://www.archives.gov/founding-docs/constitution-transcript
[2] https://dockets.justia.com/docket/washington/wawdce/2:2017cv00141/241761
[3] https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860

Congress has the power to impeach judges for violations of the good behavior clause. See in Article 3, Section 1: "Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour". See also in: Art 1 Sec 2 "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.", A 1 S 3 "The Senate shall have the sole Power to try all Impeachments.", and A 2 S 4 "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.".

According to a Motion for Stay, docket entry 14, on the appeal at [3], the position taken by the attorneys for the State of Washington would "lead to the untenable result that the United States could not suspend entry of nationals of a country with which the United States is at war". This theory would violate the Congressional and Executive war powers [A 1 S 8] and [A 2 S 2].

A ruling which restrains the United States of America from exercising her power to determine which nations may travel freely into the United States on ground of suspicions of belligerency is a violation of the law of nations. See Antonin Scalia's dissent in [4] where he cites Vattel's Law of Nations. Because Congress has the power to define offenses against the law of nations [A 1 S 8], it has provided for imprisonment of aliens who enter within the limits of the United States illegally [5].

[4] Arizona v. US, 132 Supreme Court 2492 (2012) at pg. 2511. https://scholar.google.com/scholar_case?case=17891750818453472454

Quote
As a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty. Emer de Vattel's seminal 1758 treatise on the Law of Nations stated:
"The sovereign may forbid the entrance of his territory either to foreigners in general, or in particular cases, or to certain persons, or for certain particular purposes, according as he may think it advantageous to the state. There is nothing in all this, that does not flow from the rights of domain and sovereignty: every one is obliged to pay respect to the prohibition; and whoever dares violate it, incurs the penalty decreed to render it effectual." The Law of Nations, bk. II, ch. VII, § 94, p. 309 (B. Kapossy & R. Whatmore eds.2008).
See also I R. Phillimore, Commentaries upon International Law, pt. III, ch. X, p. 233 (1854) ("It is a received maxim of International Law that, the Government of a State may prohibit the entrance of strangers into the country").​
[5] United States Code, Title 8, Section 1325, Improper entry by alien. https://www.law.cornell.edu/uscode/text/8/1325. (Some Statutes At Large are cited at bottom.)

The oath of office prescribed for a federal judge is at [28 USC 453]. "I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as judge for [court] under the Constitution and laws of the United States. So help me God." Therefore, a judge perjures himself whenever he materially violates the Constitution by misperforming his duties under the Constitution.

Based on information received from the press, men have been admitted within the United States through potentially improper vetting who qualify as belligerent. See https://en.wikipedia.org/wiki/Jihadist_extremism_in_the_United_States#Violent_Islamic_extremism. Even if Congress were to attempt classifying terrorists as non-belligerent, the People would still have the right to call them what they are.

Therefore Robart violates his oath of office when he interferes with the Congress' and the President's lawful policy which is the first logical step to attempt to improve the vetting process to weed out potential belligerents. It is still bad and impeachable behavior regardless of whether or not the President is able to improve the vetting process.
 
first post at liberty forest begging for moar government intervention

enjoy the red rep bar
 
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I won't be joining you on this petition, but it's good of you to point out that judges don't have lifetime appointments and they only hold their position so long as they exhibit good behavior.
 
State of Washington rules:

Washington judges may be removed in one of two ways:

Judges may be removed from office by joint resolution of the legislature, in which three fourths of the members of each house must concur.

The commission on judicial conduct investigates complaints of judicial misconduct or disability and recommends to the supreme court that the judge be suspended, removed, or retired. The supreme court makes the final decision after reviewing the commission's record and hearing argument on the matter.

http://www.judicialselection.com/judicial_selection/methods/removal_of_judges.cfm?state

Neither is going to happen.
 
Did Judge Robart shift role from judge to advocate by arguing positions from the bench?

Judge Robart asked and then incorrectly answered his own question, How many terrorism arrests of foreign nationals from the seven countries since 9/11.
Judge Robart incorrectly argued, "Let me tell, you, the answer to that is none, as best I can tell. You're here arguing on behalf of someone that says we have to protect the United States from these individuals coming from these countries and there's no support for that."

Not only is that a question that pertains to policy rather legality, but the Senate subcommittee data reveals Robart was wrong in his advocacy. There have been 72, not just arrests, but terrorists convictions of foreign nationals from the named seven countries. http://www.zerohedge.com/news/2017-...2-terrorists-came-countries-covered-trump-ban

The bench not only stepped into the role of advocate, but also was making a policy decision rather than a legal decision. The Court is neither an executive nor legislature. Its authority is not to set policy, but to decide legality. It may be bad policy. But the question of whether it is good policy is not for the court. The court may not substitute its policy preference for that of the executive or the legislature.

Judge Napolitano explains it well.
“This is an intellectually dishonest piece of work that the 9th Circuit has produced tonight because it essentially consists of substituting the judgment of three judges for the president of the United States,” Napolitano said. “When the Constitution unambiguously gives this area of jurisdiction — foreign policy — exclusively to the president.” http://www.theblaze.com/news/2017/02/10/judge-napolitano-calls-courts-travel-ban-ruling-profoundly-wrong/​
 
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Did Judge Robart shift role from judge to advocate by arguing positions from the bench?

Judge Robart asked and then incorrectly answered his own question, How many terrorism arrests of foreign nationals from the seven countries since 9/11.
Judge Robart incorrectly argued, "Let me tell, you, the answer to that is none, as best I can tell. You're here arguing on behalf of someone that says we have to protect the United States from these individuals coming from these countries and there's no support for that."

Not only is that a question that pertains to policy rather legality, but the Senate subcommittee data reveals Robart was wrong in his advocacy. There have been 72, not just arrests, but terrorists convictions of foreign nationals from the named seven countries. http://www.zerohedge.com/news/2017-0...ered-trump-ban


Not a single person was killed in any of them. Most were arrests for possible plots- not actual actions. Over 98% of all terrorism deaths in the US occurred on 9/11.

Some opponents of the travel suspension have tried to claim that the Senate report was flawed because it included individuals who were not necessarily terrorists since they were convicted of crimes such as identity fraud and false statements. About a dozen individuals in the group from the seven terror-associated countries are in this category. Some are individuals who were arrested and convicted in the months following 9/11 for involvement in a fraudulent hazardous materials and commercial driver’s license scheme that was extremely worrisome to law enforcement and counter-terrorism agencies, although a direct link to the 9/11 plot was never claimed, CIS reported.

Another refugee case not included in the 72 is that of Abdul Razak Ali Artan, who attacked and wounded 11 people on the campus of Ohio State University in November 2016. Artan was a Somalian who arrived in 2007 as a refugee.

https://object.cato.org/sites/cato.org/files/pubs/pdf/pa798_2.pdf

“Of all 154 foreign-born terrorists analyzed here, 114 did not murder anyone in a terrorist attack.”


(that is over the last 40 years which includes 9/11 and it's 19 participants)
 
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Not a single person was killed in any of them. Most were arrests for possible plots- not actual actions.

Oh you have a psychiatric condition?
You're on meds?
You're a muslim?
You're upset with US colonialism in the middle east?

Have no fear, I'm with the government and I'm here to talk you into hurting people and give you all the tools necessary to justify next year's budget.
 
Not a single person was killed in any of them. Most were arrests for possible plots- not actual actions. Over 98% of all terrorism deaths in the US occurred on 9/11.

Not sure why you brought this up, if the judge is correctly quoted in the OP, he didn't narrow his statement to only include death, so this point is irrelevant to the OP.
 
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