dan rosenberg

Difficult legal path forward for Trump in sanctuary cities case

(Repeats with no changes to text)

By Mica Rosenberg and Dan Levine

NEW YORK/SAN FRANCISCO, April 27 (Reuters) - Even if President Donald Trump wins an appeal of a court ruling blocking his executive order on sanctuary cities, arguments made by the government in the case could permanently harm its efforts to cut off federal funding to targeted cities, some legal experts say.

Trump’s original order, issued on Jan. 25, stated that cities and counties shielding illegal immigrants and refusing to cooperate with immigration officials would lose federal funding except for that “deemed necessary for law enforcement purposes.”

U.S. Justice Department defending the order in court presented a far narrower view of its reach, however, arguing before U.S. District Judge William Orrick III earlier this month that the only funds the government intended to withhold were certain grants tied to law enforcement programs.

That argument did not convince the judge, who noted in issuing a preliminary injunction that the text of the executive order threatened withdrawal of a much wider range of federal funds than the government attorneys asserted in court.

“Disavowing the plain language of the executive order itself” was a potentially dangerous course for the Justice Department, said Edward Waters, a Washington lawyer who specializes in federal grants.

The government’s strategy could restrict its ability to cut off funds going forward, some legal experts said, since the Justice Department now has said the order applies to a narrow range of funding.

Trump has promised to broadly “defund” sanctuary cities, saying they “breed crime.”

SEE YOU IN COURT

The government could appeal the preliminary injunction to the 9th Circuit Court of Appeals and the losing side at the appellate level could then appeal to the Supreme Court.

One procedural case the federal government could make on appeal involves the timing of the challenge, some legal scholars suggested, but such an argument would have limitations.

Since no federal funds actually have been withheld to date, the government could say there has been no harm and therefore the case is not yet “ripe” for litigation, said Brian Galle, an expert on government finance at Georgetown Law. To have standing to bring a case, San Francisco and Santa Clara County would have to have suffered actual harm, which could be difficult to establish in this case since they have lost no federal funding.

The two municipalities successfully argued in the district court hearing that they had already been harmed by uncertainty and chaos in their budget planning but that might not convince an appellate court.

“In the very short run it’s quite possible that the administration could win a reversal of this ruling” on appeal because of these procedural reasons, Galle said.

He predicted, however, the administration would be unable to successfully defend itself if it then began withholding funds without Congress authorizing such action.

The Justice Department declined to discuss its appeals strategy.

Tuesday’s ruling left leeway for the administration to deny some kinds of funding to sanctuary cities, noting the government can “use lawful means to enforce existing conditions of federal grants.”

A small amount of federal law enforcement money is tied to a statute requiring local jurisdictions to share information with federal immigration officials.

Programs making such grants include the Edward Byrne Memorial Justice Assistance Grant Program, Community Oriented Policing Services, and the State Criminal Alien Assistance Program. In San Francisco, such funding is a small fraction of federal monies that go to the city, said City Attorney Dennis Herrera.

Tuesday’s ruling was the latest legal blow to the Trump administration, which has had two previous executive orders stayed by the courts.

In February, a Washington court blocked a Trump order temporarily banning all refugees and travelers from seven mostly Muslim nations. A subsequent order replaced that one, removing Iraq from the ban and creating more exemptions. Parts of that ban were also blocked, this time by judges in Maryland and Hawaii. Those cases are pending appeal.

After Tuesday’s district court ruling, a spokesman for the Department of Justice said that it “will follow the law with respect to regulation of sanctuary jurisdictions.”

But the president made clear on Twitter Wednesday that he doesn’t consider the battle over: “See you in the Supreme Court!” he tweeted. (Reporting by Mica Rosenberg in New York and Dan Levine in San Francisco; Editing by Bill Trott)

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Season 10 + ultra variant covers

  • #01 • Phil Noto x
  • #01 • Brian Horton x
  • #01 • Rebekah Isaacs and Dan Jackson x
  • A&F 10 #01 • Rebekah Isaacs and Dan Jackson x
  • A&F 10 #01 • Steve Morris x
  • #02 • Aly Fell x
  • #05 • Andy Park x
  • #11 • Georges Jeanty and Tariq Hassan x
4

  – You just admitted you do not trust yourself with the responsibility.
  – I don’t. But y'know who I do trust? Us. All of us. Together. I want the best people I know doing this. And lucky me: here they all are.

New Rules

2

Buffy 11 #05: Part Five: Desperate Measures

Publication date: March 22, 2017

Buffy is trying hard to keep things civil in the Safe Zone, but certain residents seem to be pushing for confrontations of any kind – and the death toll is rising. Buffy is not making any new friends. Meanwhile, Willow is doing all she can to get fellow Wiccans released from camp – and if that means magic, she has plenty to use.

• Catch “deleted scenes” on the variant covers!

Script: Christos Gage; illutration: Georges Jeanty; inks: Dexter Vines; colors: Dan Jackson; cover: Steve Morris; variant cover: Georges Jeanty, Dexter Vines, Dan Jackson.

I think my favorite thing from issue #26 is how respectful everyone is with Buffy. They let her be frustrated, they let her grieve, let her talk, let her attack, give her space, patience, explanation, touches; even after she expressed herself very hurtfully. They never leave her, still waiting for her just outside her door. Everyone is so worried about her, understanding her situation and reaction, and intervenes with advises only and whenever what she says is too hurtful and isolating – for herself. They really are taking care of Buffy and the situation as best as they can for now.

It’s noticeable how often everyone else’s eyebrows are lifted in empathy, Spike constantly so open and near, Willow in the role of saying the most difficult things most delicately, and Giles maintaining a respectful distance as long as he thinks it’s prudent. None of them ever tries to act as “the bigger person” that “doesn’t let her affect” them: they are just supportive because she needs it. Buffy’s expressive close-ups and speech are full of confusion and despair, but never aggressive (only nonsensical absolutes) to the point of deserving anything less than this friendship, before or during the discussion; only when there’s nothing else to say or try she’s able retracts herself in silent grief. But even so, they know her story and how much Dawn means to her, this absence in difficult circumstances heavy enough to each of them just understand.

I don’t know if this is supposed to last, but this sense of unconditional love made it a beautiful and hopeful scene after all.

2

Buffy 11 #02: Part Two: In Time of Crisis

Publication date: 21 December, 2016

Following the magic-related disaster in San Francisco, Buffy and her friends are trying to help put the city back together, while their own lives are also still in chaos. When the government begins introducing some special rules and regulations for folks with magical connections, Buffy may have to face being divided from the people for whom she cares the most.

Script: Christos Gage; illustration: Rebekah Isaacs; colors: Dan Jackson; cover: Steve Morris; variant cover: Rebekah Isaacs, Dan Jackson.

2

Buffy 11 #03: Part Three: A House Divided

Publication date: January 18, 2016

With the magical folk in the US being cataloged and relocated to a “safe” place, Buffy and her friends will have to decide if they will be divided… Or if they will try to run. With Slayers being recruited to help police the magical folk, escaping might not be so easy.

Script: Christos Gage; illustration: Rebekah Isaacs; colors: Dan Jackson; cover: Steve Morris; variant cover: Rebekah Isaacs, Dan Jackson.

2

Buffy 10 #29: Own It, part four: Vengeance

Publication date: July 20, 2016

The Big Bad is revealed – and so is Ghost Anya! Buffy and the Scoobies know what they are up against, but will they be able to stop the current world-ending course of events?

Vengeance is real!

Writer: Christos Gage; illustrator: Rebekah Isaacs; colorist: Dan Jackson; cover: Steve Morris; variant cover: Rebekah Isaacs, Dan Jackson.

2

Buffy 10 #30: Own It, part five: It’s on You

Publication date: August 24, 2016

In the final issue of Season 10, the fight for the world has come down to Buffy, her friends, and their gamble…

Season Finale!

Writer: Christos Gage; illustrator: Rebekah Isaacs; colorist: Dan Jackson; cover: Steve Morris; variant cover: Rebekah Isaacs, Dan Jackson.

2

Buffy 10 #13Love Dares You, Part Three

Publication date:  March 18, 2015

Some suspiciously supernatural murders have Spike, Xander, Willow, and Giles in a conundrum. They have to talk to Buffy, but there’s something about the killer they’re pretty sure she’s not going to like… Meanwhile, Andrew gets some relationship advice from Buffy!

Writers: Christos Gage, Nicholas Brendon; illustrator: Megan Levens; colorist: Dan Jackson; cover: Steve Morris; variant cover: Rebekah Isaacs, Dan Jackson.