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posted by janrinok on Monday January 30 2017, @11:14PM   Printer-friendly
from the what-separation-of-powers dept.

From the what-separation-of-powers department:

The Department of Homeland Security has an update on the entry ban:

The Department of Homeland Security will continue to enforce all of President Trump's Executive Orders in a manner that ensures the safety and security of the American people. President Trump's Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump's Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.

The NY Post adds:

The ACLU is getting "multiple reports" that federal customs agents are siding with President Trump — and willfully ignoring a Brooklyn federal judge's demand that travelers from seven Muslim countries not be deported from the nation's airports.


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  • (Score: 1, Interesting) by Anonymous Coward on Tuesday January 31 2017, @01:54AM

    by Anonymous Coward on Tuesday January 31 2017, @01:54AM (#460935)

    IANAL, but I'm pretty sure the courts cannot compel an organization's employees to act against the orders of their superiors.

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  • (Score: 5, Insightful) by Bogsnoticus on Tuesday January 31 2017, @02:13AM

    by Bogsnoticus (3982) on Tuesday January 31 2017, @02:13AM (#460950)

    And the Neuremburg Trials were full of people "just following orders".

    --
    Genius by birth. Evil by choice.
    • (Score: 1, Disagree) by Anonymous Coward on Tuesday January 31 2017, @01:17PM

      by Anonymous Coward on Tuesday January 31 2017, @01:17PM (#461174)

      Way to Godwin the thread. Besides denial of entry is a long way from gas-chambers and concentrations camps.

      • (Score: 0) by Anonymous Coward on Tuesday January 31 2017, @06:52PM

        by Anonymous Coward on Tuesday January 31 2017, @06:52PM (#461364)

        Besides denial of entry is a long way from gas-chambers and concentrations camps.

        Unless the denial of entry sends people back to the gas-chambers and concentration camps, as the United States did to Jews fleeing the Nazis. Barrel bombs and chemical weapons are also not a long way from it.

        • (Score: -1, Troll) by Anonymous Coward on Tuesday January 31 2017, @07:53PM

          by Anonymous Coward on Tuesday January 31 2017, @07:53PM (#461396)

          Are you volunteering to let them crash on your couch? Put up or shut up.

      • (Score: 2) by Bogsnoticus on Wednesday February 01 2017, @01:02AM

        by Bogsnoticus (3982) on Wednesday February 01 2017, @01:02AM (#461509)

        Unintentional Godwin, but can you think of a better precedent showing how "following orders" does not make you exempt from the law?
        Besides, the tiny-handed one is Godwinning himself, calling for mandatory registration of a particular religious group, travel bans, and mass deportations. If he wants to avoid comparisons to the man with the silly moustache, perhaps he should stop acting like him.

        --
        Genius by birth. Evil by choice.
  • (Score: 3, Insightful) by Anonymous Coward on Tuesday January 31 2017, @02:45AM

    by Anonymous Coward on Tuesday January 31 2017, @02:45AM (#460970)

    Federal employees have an obligation to follow the law. By not following a judge's lawful orders they are in violation of the law.

    • (Score: 0) by Anonymous Coward on Tuesday January 31 2017, @04:58AM

      by Anonymous Coward on Tuesday January 31 2017, @04:58AM (#461057)

      Federal employees have an obligation to follow the law

      Everyone does. Who you work for has nothing to do with it, save for special powers granted by certain occupations (eg law enforcement).

      By not following a judge's lawful orders they are in violation of the law.

      No, your boss is violating the law.

      • (Score: 1, Informative) by Anonymous Coward on Tuesday January 31 2017, @08:59PM

        by Anonymous Coward on Tuesday January 31 2017, @08:59PM (#461422)

        If you violate the law, you violate the law. If you ask someone to violate the law, you also violate the law.

        Why is that complicated?

  • (Score: 3, Informative) by Demena on Tuesday January 31 2017, @03:58AM

    by Demena (5637) on Tuesday January 31 2017, @03:58AM (#461026)

    Do you really believe that? The courts can tell your employers to get stuffed and draft you. The courts can decide if you have been given an illegal order or not and deny you protection if you do obey your employers (unless they are the military and maybe then).

    No, you are not a lawyer. And you are not "pretty sure". You actually know otherwise.

  • (Score: 0) by Anonymous Coward on Tuesday January 31 2017, @07:31AM

    by Anonymous Coward on Tuesday January 31 2017, @07:31AM (#461103)

    IANAL, but I'm pretty sure

    Of course! Sure you are sure! That is because you are completely ignorant of the principles of law. Not just US law, but law in general. Here, pull my finger, before I shoot you through you head because, courts cannot compel me to not do it, if my Corporal (YeeHaa! Superior Orders, dude! ) orders me to do it. Or, we could follow international law, in the abeyance of US or EU law. But every were law does not apply, it has jurisdiction. We will find you, we will hunt you down like Nazis in South America, and you will pay for your craven fealty to the President of Small Hands! You will. I will insert my own little present, before you are executed, you traitor to America!

  • (Score: 2) by Kromagv0 on Tuesday January 31 2017, @02:43PM

    by Kromagv0 (1825) on Tuesday January 31 2017, @02:43PM (#461220) Homepage

    But the courts can punish individuals who deprived an individual of their rights. Since they are continuing to violate people's rights it might be time to slap the individual agents with Deprivation Of Rights Under Color Of Law [soylentnews.org] charges. Their job does not protect them from this charge as they are held individually liable.

    --
    T-Shirts and bumper stickers [zazzle.com] to offend someone
  • (Score: 0) by Anonymous Coward on Tuesday January 31 2017, @08:57PM

    by Anonymous Coward on Tuesday January 31 2017, @08:57PM (#461421)

    Wait, what? That is exactly why they are there!