Intro to Sutliff ‘The Deceitful Misinformation that Created a TRO’
By Paul Sutliff
Intro by John R. Houk, Blog Editor
Does anyone notice that activist Judges and Dem Party House and Senate members cry that President Trump’s travel ban Executive Orders are unconstitutional BUT don’t actually cite where in the Constitution they base that accusation?
They CAN NOT because NO such citation will be found. When the Left screams unconstitutional it typically is based on Leftist ideology and a false premise that Leftist values are American values. For that matter, there is not one iota of Left Wing values that can be supported in the Original Intent of the Founding Fathers’ eventual ratified document called the U.S. Constitution or the first 10 Amendments labeled the Bill of Rights!
I have little doubt a Lefty will fabricate some kind of Living Constitution as if it was in the U.S. Constitution; however, note that such a citation will have little to do with the Constitution and more to do with the Dem view that current environment and Activist Judge case law is the Constitution.
With this Living Constitution baloney in mind, Hawaiian US District Judge Derrick Watson amended his mid-March original Temporary Restraining Order (TRO) against the latest Trump Executive Order (EO) to fit the Hawaiian Attorney General’s idiotic Living Constitution objections to extend the judicial order longer than the original:
HONOLULU — A federal judge in Hawaii decided Wednesday to extend his order blocking President Donald Trump's travel ban.
US District Judge Derrick Watson issued the longer-lasting hold on the ban just hours after hearing arguments.
Hawaii says the policy discriminates against Muslims and hurts the state's tourist-dependent economy. The implied message in the revised ban is like a "neon sign flashing 'Muslim ban, Muslim ban'" that the government didn't bother to turn off, state Attorney General Douglas Chin told the judge.
Extending the temporary order until the state's lawsuit was resolved would … READ THE REST (Hawaii judge extends temporary restraining order against Trump's revised travel ban; By Jennifer Sinco Kelleher, Associated Press; Business Insider; 3/29/17 11:14 PM)
Paul Sutliff believes the Hawaiian AG fed Judge Watson a pack of lies. That is significant because this Judge based his ruling on AG Chin’s information. Below is Paul’s analysis.
The Deceitful Misinformation that Created a TRO
By Paul Sutliff
April 3, 2017 5:24 PM
When evidence exists to prove a state attorney general purposefully misinformed a federal judge whether IN COURT or through paperwork as to what evidence exists to support a stand against the President of the United States what is this called? Is it perjury?
Hawaii AG Doug Chin was not under oath, but there is an expectation of professionalism and truthfulness when presenting before a judge whether through passing of papers OR standing and presenting a case! So why did he misinform Judge Derrick Watson about the statistics related to the University of Hawai’i.
AG Chin claimed that if Trump’s order restricting travel of those from 6 countries were to be enforced, the University of Hawai’i would suffer financially.
… that any prospective recruits who are without visas as of March 16, 2017 will not be able to travel to Hawaii to attend the University. As a result, the University will not be able to collect the tuition that those students would have paid. (http://www.hid.uscourts.gov/docs/orders/DKW_order.pdf)
Judge Watson’s TRO cited AG Douglass Chin's additional claim that if the ban goes into effect it will likely cause the closing of the Persian Literature, Language and Culture Program.
So what are the actual statistics? I filed a FOIA request with the University of Hawai’i to find out.
According to the University of Hawai’i the entire University system has 13,352 students. Of those 13,352 students only, 43% of the student body as a whole were Iranian. One student came from Libya. One from Somalia and one from Yemen. In all 61 students at the University of Hawai’i would be effected through President Trump’s Executive Order. IF THEY WERE NOT ALREADY HERE!
Banned Countries by Trump EO
Total # of Students in UH System
Percentage of Student Body
Attorney General Douglass Chin made a claim that a drop in these students’ ability to attend classes would likely close the Persian Language, Linguistics and Culture Program courses. Only 52 students in total are enrolled in these courses taught by two professors. If AG Chin had a chance to find a negative effect against the University of Hawaii this was it. In all 4 students would be effected. Those four are from Iran, bringing the percentage of students effected of those that attend to 8%.
This brings us to asking simple and important questions. How could Hawaii State Attorney General not have access to this information? It took me one week to obtain it and I live in New York. This brings us back to, is it allowable for an attorney to purposefully withhold information for the purpose of misinforming a judge.
Attorneys Joel Cohen and Danielle Alfonso Walsman wrote about just this type of thing in the New York Law Journal on June 1, 2009 in an article entitled Asking for Trouble: When Lawyers Lie to Judges.
One of the first and most obvious things we learn as lawyers, and, indeed, the disciplinary rules make clear, is that lawyers must follow the same instructions given to clients in preparation for testimony: You cannot ever lie in court! And if a false representation is made to the court, even unintentionally, a lawyer who later realizes his error is affirmatively required to take reasonable measures to remedy the statement.
I do not know if Attorney General Douglass Chin considers his filing for a TRO against President Trump’s executive order a place he should be allowed to create misinformation to prove his point, but in either case these statistics prove that the TRO is at least partially established on false and misleading information. If the Judge had not bothered to pre-write his decision, he could have easily verified the information I am sharing and in so doing exposed AG Chin as not being wholly truthful in court.
The sad truth then is that this is likely evidence of collusion between the Hawaii AG and the Judge Derrick Watson. If Judge Derrick Watson had not come to the bench with a pre-judgment, he likely would have checked the statistical claims of the AG.
Edited by John R. Houk
About Paul Sutliff
I am writer and a teacher. Here is a link to my latest book portraying the truth about Civilization Jihad!