For the very first time in Federal Court history, it is possible the judges will, by their action, put American livesat risk by terrorists. The following is a direct quote from the 9th Circuit Court order. This concerns the Trump ExecutiveOrder delaying immigration from seven Muslim nations that the Executive branch believes are a danger to America:“Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.” These judges have decided that they will replace the President and make their own immigration policy.
Let us look at the Oaths of justices and judges from 28 U.S. Code § 453 – It states:
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “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 ___ under the Constitution and laws of the United States. So help me God.
Now let’s look at the oath of office for the President.Before he enters on the execution of his office, he shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.”
The Judiciary Branch is ill equipped to make decisions on the defense of the country and our people, but that is what happened yesterday. The judges have usurped the powers of the President by deciding that they will replace the President on immigration policy. This is a very serious example of the Judiciary making laws from the bench.
Was this decision made without any thought to the risks involved? Did the judges not give any consideration that Americans could die while the courts try to decide who is going to run the country; the elected President or a non-elected judge? What recourse do we, as Americans, haveagainst these non-elected judges should Americans die over an issue that should have been thrown out?
The impeachment of all the judges involved in the case is a possible solution. I wondered when was the last time a life appointment judge was impeached? I discovered the last time a Federal Judge was impeached was in 2010:
Thomas Porteous of the United States District Court for the Eastern District of Louisiana. President Bill Clinton nominated Judge Porteous in 1994.
The Judge was charged with accepting bribes and making false statements under penalty of perjury. On December 8, 2010, he was convicted by the Senate and was removed from office.
Would the death of Americans, as a result of this judicial decision, be grounds for impeachment? I think so. If a terrorist from one or more of the seven nations immigrates to this country and slaughters Americans, the outrage will be unbelievable. Would the murder of Americans, as a result of the actions by activist judges, have an impact on the decisions of other judges? Will those activist judges retire, or will they take the heat and risk possible impeachment, based on their next decision? This is a high-risk decision that I do not believe was well thought out by the judges.
If an attack happens, the whole question of a shift in judicial credentials could take place. The President has nominated Judge Neil Gorsuch as a replacement to fill the vacancy on the Supreme Court. My guess is that he will be confirmed, following a great gnashing of teeth. If there is an attack and Americas die, the next justice who is a strict constructionist will have an easier time of confirmation, as the left will be rendered neutral with American blood on their hands.
Dan Perkins is an author, radio and TV talk show host, current events commentator, and philanthropist.