Judge who issued TRO on immigration restrictions, wrong on terrorists tied to 7 countries

Byron York:
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"So you're aware of law enforcement. How many arrests have there been of foreign nationals for those seven countries since 9/11?"

"Your honor, I don't have that information. I'm from the civil division, if that helps get me off the hook."

"Let me tell you," Robart said. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."

In that brief moment, Robart declared there is "no support" for Trump's decision. And with that, the judge from the U.S. District Court for the Western District of Washington State ordered a nationwide — actually worldwide — halt to enforcement of the president's executive order.

Now, it turns out Robart might not know as much as he let on. Last summer, the Senate Judiciary Subcommittee on Immigration and the National Interest analyzed public sources of information, seeking to learn more about people convicted of terror-related offenses. The Justice Department provided the subcommittee with a list of 580 people who were convicted — not just arrested, but tried and convicted — of terror-related offenses between Sept. 11, 2001 and Dec. 31, 2014.

The subcommittee investigated further and found that at least 380 of the 580 were foreign-born and that an additional 129 were of unknown origin. Of the 380, there were representatives — at least 60 — from all of the countries on the Trump executive order list. And with 129 unknowns, there might be more, as well.

In addition, since the Senate list was compiled, there have been others involved in terrorism in the United States from the seven countries. One highly-publicized example was the case of Abdul Artan, a Somali refugee who last November wounded 11 people with a machete during an attack on the campus of Ohio State University. In fairness to Judge Robart, Artan was shot and killed by police — not arrested — so perhaps the judge didn't count him.

In a report Monday, the Associated Press, relying on the research of University of North Carolina professor Charles Kurzman, reported that "23 percent of Muslim Americans involved with extremist plots since Sept. 11 had family backgrounds from the seven countries."
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Since there was no basis for his assertion, his TRO should fail on appeal.  The DOJ brief also outlines the legal precedents for the President's executive order.  If the court considers the evidence it should reverse the ruling.

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