What's next in Washington's suit against Trump's travel ban

King 5 Political Reporter Natalie Brand joins us with Attorney General Bob Ferguson to talk about the continued legal fight of WA v. Trump.

The Trump administration could be reworking its controversial travel ban, as reported by NBC, while immediate next steps in the lawsuit filed by the state of Washington remain unclear.

"Our hope is, as I’ve said before, that the President essentially tears up the current unlawful, unconstitutional executive order and starts over," Washington Attorney General Bob Ferguson told KING 5 Friday. "If that’s the direction they’re heading, I think that would definitely have the potential be an improvement." 

Meanwhile, the Department of Justice says it’s still reviewing options and no appeals are expected to be filed on Friday following the 9th Circuit Court of Appeals decision denying a request to reinstate the order.

According to the Associated Press, a White House official says the administration will likely argue the case in the lower court, instead of taking the issue of the temporary restraining order to the Supreme Court.

It was just one week ago that Seattle based federal Judge James Robart granted an  emergency temporary restraining order that put President Donald Trump’s policy on hold nationwide.

Judge Robart has requested a status update from both parties due Monday, followed by a phone conference to discuss next steps. 

Additionally, the 9th Circuit Court of Appeals has advised both sides to take a position on whether they would like the case reheard "en banc," meaning in front of additional 9th Circuit Appeals Judges. 

“The team will be here all weekend," said AG Ferguson. 

White House Chief of Staff Reince Priebus said Friday all court options are still on the table, according to the Associated Press. 

“We are going to do whatever is necessary to keep our country safe,” Trump said earlier in the day at a news conference with the Prime Minister of Japan, in response to a question about the immigration order court battle.

However, Trump also hinted new action could be taken as early as next week.

“We'll be doing something very rapidly, having to do with additional security for our country. You'll be seeing that sometime next week," Trump said. "In addition, we will continue to go through the court process, and ultimately I have no doubt that we'll win that particular case."

Trump told reporters later on Friday that his plan could include a new executive order, as the U.S. needs "speed for reasons of security."

"We will win that battle," Trump said. "The unfortunate part is that it takes time statutorily, but we will win that battle. We also have a lot of other options, including just filing a brand new order."

 

Washington state filed its case against the president three days after the order temporarily suspending immigration from seven predominately Muslim countries was signed.

The Department of Justice has argued the countries in question were designated as areas of concern by Congress and the previous administration.

However, Washington state’s suit alleges religious discrimination, as well as constitutional violations and damages incurred to the state and its citizens.

“I would not have filed this action unless I expected to win,” Attorney General Bob Ferguson said Thursday following a second legal victory.

While the 9th Circuit decision Thursday unanimously favored the state of Washington, the three judge panel faulted both sides for “limited evidence.”

Related: Read full decision

The full court case is expected to produce additional evidence, as well as discovery across both sides.

“We would like to get some answers about what really was the order of events,” Washington Solicitor General Noah Purcell said of the timeline leading up to the executive order.

“We've heard a number of different stories from the administration about who did what and when, and whether this was even reviewed by the national security agencies and that type of thing,” Purcell continued. “The facts about that really do matter to this, and we look forward to investigating those.”

"It wouldn’t surprise me if at end of the day this works all the way back up to the United States Supreme Court for a final argument," said Ferguson. 

Copyright 2017 KING


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