Trump travel ban faces key test in multiple courtrooms

People relax on the beach in Waikiki in Honolulu. Hawaii has filed a lawsuit challenging President Donald Trump's revised travel ban. (AP)
Updated 15 March 2017
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Trump travel ban faces key test in multiple courtrooms

The day before it is supposed to go into effect President Donald Trump’s revised travel ban will be scrutinized in federal courtrooms across the country on Wednesday.
In Maryland, a US judge will hear arguments from the American Civil Liberties Union and others who want to stop the new directive and more than a half-dozen states are trying to derail the executive order affecting travelers from six Muslim-majority nations.
Hawaii’s lawsuit is heading to federal court in Honolulu, while Washington state, which successfully sued to block the original ban, wants its own hearing before a federal judge in Seattle. Five other states have joined Washington’s challenge.
Here’s a look at what’s going on and the hurdles the new ban faces:
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BUSY DAY IN COURT
Hawaii will argue that the new order will harm its Muslim population, tourism and foreign students. Ismail Elshikh, a plaintiff in the lawsuit, said the ban will prevent his Syrian mother-in-law from visiting.
The federal government will argue that the allegations are pure speculation. Justice Department lawyers also say the president is authorized to restrict or suspend entry into the United States.
In Washington state, Attorney General Bob Ferguson is pushing for a hearing before Judge James Robart, who halted the original ban last month. Ferguson wants Robart to apply the ruling to the new ban.
Ferguson says the new order is unconstitutional and harms residents, universities and businesses, especially tech companies such as Washington state-based Microsoft and Amazon who rely on foreign workers. California, Maryland, Massachusetts, New York and Oregon have joined the claim. Federal lawyers say the revised travel ban is “substantially different” from the original directive.
Immigrant advocacy groups and the ACLU are also suing in Maryland. They will ask a judge there early Wednesday to issue an injunction, saying it’s illegal to reduce the number of refugees in the middle of a fiscal year. The lawsuit is broader, but the ACLU expects a ruling on that part of the case even if other aspects of the ban are blocked elsewhere.
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OLD VERSUS NEW BAN
Washington and Hawaii say the order is an effort to carry out the Muslim ban he promised during his campaign and is a violation of the First Amendment, which bars the government from favoring or disfavoring any religion. On that point, they say, the new ban is no different than the old.
They point to statements by Trump’s advisers, including former New York Mayor Rudy Giuliani, who said Trump asked him how to implement a Muslim ban legally, and Stephen Miller, who said the revised order was designed to have “the same basic policy outcome” as the first.
The new version tries to erase the notion that it was designed to target Muslims by detailing more of a national security rationale. It is narrower and eases some concerns about violating the due process rights of travelers.
It applies only to new visas from Somalia, Iran, Syria, Sudan, Libya and Yemen and temporarily shuts down the US refugee program. It does not apply to travelers who already have visas.
The states’ First Amendment claim has not been resolved. The 9th US Circuit Court of Appeals refused to reinstate the original ban but didn’t rule on the discrimination claim.
Some legal scholars have said the order does not apply to all Muslims or even all predominantly Muslim nations — a point 9th Circuit Judge Richard Clifton made during arguments in Washington’s case.
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DOES THE PRESIDENT HAVE THE AUTHORITY?
The administration says the travel ban is about national security. The revised order specifies that people from the listed countries “warrant additional scrutiny in connection with our immigration policies because the conditions in these countries present heightened threats.”
But intelligence analysts at the Department of Homeland Security have questioned that rationale, concluding that citizenship is an “unlikely indicator” of terrorist ties.
In addition, the states and civil liberties groups say US immigration law generally prohibits the government from discriminating based on nationality when issuing immigrant visas. The president cannot rewrite that law by executive order, the states say.
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ARE THE STATES THE RIGHT ONES TO SUE?
Some legal scholars have questioned whether states have standing to bring their cases, citing limits the Supreme Court has placed on when states can sue the federal government.
Michael McConnell, a constitutional law professor at Stanford Law School, has said he is “highly skeptical” that states can sue over this issue.
The 9th Circuit panel found that Washington and Minnesota, which is part of the original lawsuit, did have standing, at least at that early stage. The judges noted that some people would not enroll in universities or join the faculty, causing real harm for the states.
Hawaii focuses on an additional aspect: the loss of tourism, and thus tax dollars, in the heavily travel-dependent state.
“I don’t think standing’s a serious problem,” said Rory Little, a former Supreme Court clerk who teaches at the University of California Hastings College of the Law. “There’s clearly harm to state budgets, harm to state universities.”


Kremlin says Putin ready for talks with Trump

Updated 3 sec ago
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Kremlin says Putin ready for talks with Trump

  • Incoming US president has said he can bring a swift end to the nearly three-year conflict between Russia and Ukraine
  • Washington has delivered tens of billions of dollars in aid to Ukraine since Russia launched its military offensive
MSOCOW: The Kremlin said Friday that President Vladimir Putin was open to talks with Donald Trump, after the incoming US president said a meeting between the pair was being set up.
Trump, who will be inaugurated on January 20, has said he can bring a swift end to the nearly three-year conflict between Russia and Ukraine, without presenting a concrete plan.
“The president has repeatedly stated his openness to contact with international leaders, including the US president, including Donald Trump,” Putin’s spokesman Dmitry Peskov told reporters.
Trump on Thursday said a meeting with Putin was being arranged.
“He wants to meet, and we’re setting it up,” Trump said at a meeting with Republican governors at his Mar-a-Lago resort in Palm Beach, Florida.
“President Putin wants to meet, he’s said that even publicly, and we have to get that war over with, that’s a bloody mess,” he said.
The Kremlin welcomed Trump’s “readiness to solve problems through dialogue,” Peskov said Friday, adding Moscow had no prerequisites for staging the meeting.
“No conditions are required. What is required is mutual desire and political will to solve problems through dialogue,” he told reporters in a daily briefing.
Trump’s hopes for a swift end to the conflict have stoked concern in Kyiv that Ukraine could be forced to accept a peace deal on terms favorable to Moscow.
Washington has delivered tens of billions of dollars in aid to Ukraine since Russia launched its full-scale military offensive in February 2022.
Ukrainian President Volodymyr Zelensky has said that without such support his country would have lost the conflict.
He is pushing Trump to back his “peace-through-strength” proposal, seeking NATO protections and concrete Western security guarantees as part of any settlement to end the fighting.
Ukraine’s foreign ministry dismissed Trump’s comments on any forthcoming meeting with Putin.
“Trump has talked about plans for such a meeting before, so we see nothing new in this,” said spokesman Georgiy Tykhy.
“Our position is very simple: we all in Ukraine want to end the war fairly for Ukraine, and we see that President Trump is also determined to end the war,” he said, according to the Interfax Ukraine news agency.
Tykhy said Ukraine was preparing for high-level discussions between Kyiv and Washington “immediately” after the inauguration, including between Trump and Zelensky.

The Supreme Court is considering a possible TikTok ban. Here’s what to know about the case

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The Supreme Court is considering a possible TikTok ban. Here’s what to know about the case

  • Three appeals court judges have sided with the government and upheld the law, which bans TikTok unless it’s sold
  • The justices largely hold the app’s fate in their hands as they hear the case Friday

WASHINGTON: The law that could ban TikTok is coming before the Supreme Court on Friday, with the justices largely holding the app’s fate in their hands.
The popular social media platform says the law violates the First Amendment and should be struck down.
TikTok’s parent company is based in China, and the US government says that means it is a potential national security threat. Chinese authorities could force it to hand over sensitive data on the huge number of Americans who use it or could influence the spread of information on the platform, they say.
An appeals court has upheld the law, which bans TikTok unless it’s sold.
The law is set to take effect Jan. 19, the day before a new term begins for President-elect Donald Trump, who has 14.7 million followers on the platform. The Republican says he wants to “save TikTok.”
Here are some key things to know about the case:
Is TikTok banned?
Not now, but the short-form video-sharing app could be shut down in less than two weeks if the Supreme Court upholds the law.
Congress passed the measure with bipartisan support, and President Joe Biden, a Democrat, signed it into law in April.
TikTok’s lawyers challenged the law in court, joined by users and content creators who say a ban would upend their livelihoods. TikTok says the national security concerns are based on inaccurate and hypothetical information.
But a unanimous appeals court panel made up of judges appointed by both Republican and Democratic presidents has upheld the law.
When will the Supreme Court decide?
The justices will issue a decision after arguments Friday, a lightning-fast movement by court standards.
The conservative-majority court could drop clues about how it’s leaning during oral arguments.
TikTok lawyers have urged the justices to step in before the law takes effect, saying even a monthlong shutdown would cause the app to lose about one-third of its daily American users and significant advertising revenue.
The court could quickly block the law from going into effect before issuing a final ruling, if at least five of the nine justices think it is unconstitutional.
What has Trump said about it?
The law is to take effect Jan. 19, the day before Trump takes over as president.
He took the unusual step of filing court documents asking the Supreme Court to put the law on hold so that he could negotiate a deal for the sale of TikTok after he takes office. His position marked the latest example of him inserting himself into national issues before he takes office. It also was a change from his last presidential term, when he wanted to ban it.
Parent company ByteDance has previously said it has no plans to sell. Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago club in Palm Beach, Florida, last month.
Who else is weighing in?
Free-speech advocacy groups like the ACLU and the Electronic Frontier Foundation have urged the court to block the law, saying the government hasn’t shown credible evidence of harm and a ban would cause “extraordinary disruption” in Americans’ lives.
On the other side, Sen. Mitch McConnell, the Republican former Senate leader, and a group of 22 states have filed briefs in support, arguing that the law protects free speech by safeguarding Americans’ data and preventing the possible manipulation of information on the platform by Chinese authorities.


State-run Pakistan International Airlines resumes direct flights to Europe after EU lifts ban

Updated 21 min 49 sec ago
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State-run Pakistan International Airlines resumes direct flights to Europe after EU lifts ban

  • The curb was imposed in 2020 after 97 people died when a PIA plane crashed in Karachi
  • The ban caused a loss of nearly $150 million a year in revenue for the flag carrier

ISLAMABAD: State-run Pakistan International Airlines resumed direct flights to Europe on Friday following a decision by the European Union’s aviation safety agency to lift a four-year ban over safety standards, officials said.
Defense Minister Khawaja Muhammad Asif inaugurated the twice-a-week flights to Paris and vowed that PIA will expand its operations to other European countries soon.
The flight from Islamabad was fully booked with more than 300 passengers, the airline said.
Asif said in a speech that the European Union Aviation Safety Agency had imposed the ban on PIA’s operations to Europe because of an “irresponsible statement” by a former aviation minister.
The curb on PIA was imposed in 2020 after 97 people died when a PIA plane crashed in Karachi in southern Pakistan. Then-Aviation Minister Ghulam Sarwar Khan said an investigation into the crash found that nearly a third of Pakistani pilots had cheated on their pilot’s exams. A government probe later concluded that the crash was caused by pilot error.
The ban caused a loss of nearly $150 million a year in revenue for PIA, officials say.
Meanwhile, the first international flight was scheduled to depart from Gwadar, a new airport in southwestern Pakistan, later Friday. The Chinese-funded airport was inaugurated by Chinese Premier Li Qiang in October.
The airport, Pakistan’s largest, is located in restive southwestern Balochistan province and is part of a massive investment by Beijing that links a deep seaport and airport on the Arabian Sea by road with China.


Tajikistan bets on giant dam to solve electricity crisis

Updated 10 January 2025
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Tajikistan bets on giant dam to solve electricity crisis

  • Tajikistan is reviving the colossal project, first planned by Soviet authorities in 1976, before being abandoned due to the end of communist rule
  • The plant will not only generate enough power to use domestically, but could supply other Central Asian countries and even Afghanistan, Pakistan

ROGUN: In a remote village in Tajikistan’s soaring mountains, Muslikhiddin Makhmudzoda relies on a mobile phone to light his modest home as his family spends another winter without electricity.
Makhmudzoda’s three children and wife were sitting huddled together to share the phone’s flashlight in their modest brick home.
A shortage of water needed to fuel hydroelectric plants has led to serious power outages in Tajikistan, a poor former Soviet republic nestled in the Central Asian mountains and surrounded by Afghanistan, China, and fellow ex-Soviet states Uzbekistan and Kyrgyzstan.
The power crisis is only set to worsen, as Central Asia is hard-hit by climate change.
Amid chronic shortages, Tajikistan has promised it will end the power outages and has revived a Soviet-era mega-project to build the world’s highest dam.
Makhmudzoda’s family spend much of their day without power.
“We have electricity from 5:00 am to 8:00 am and then from 5:00 p.m. until 11:00 pm,” the 28-year-old said.
To cope with intermittent power supplies, the family resorts to using a charcoal stove for heating — a risky choice, since many Tajiks die from carbon monoxide poisoning each year caused by such appliances.
Every year, the impoverished country’s state electricity company Barqi Tojik restricts power supplies starting in September to prevent the system’s collapse during the coldest months.
It says this is an “inevitable measure” as demand has skyrocketed.
Since the fall of the Soviet Union in 1991, the small country’s population has doubled to 10 million, with economic growth steady at around eight percent after decades of stagnation.
The rationing is also due to falling water levels in reservoirs used to drive turbines in hydroelectric power plants, which provide 95 percent of Tajikistan’s electricity.
Authorities say “feeble rainfall” means that water levels in the country’s biggest river — the Vakhsh — are low.
“Every centimeter of water counts,” Barqi Tojik has warned, urging Tajiks to pay their bills to renovate aging infrastructure.
The average salary in Tajikistan hovers around $190 (180 euros) a month.
But the government is now promising that all these inconveniences will soon be a thing of the past thanks to the construction of a massive dam and plant.
Tajikistan has placed its bets on Rogun, planned to become the most powerful hydropower plant in Central Asia. It is set to have the highest dam in the world at 335 meters (1,100 feet).
When completed, the plant is intended to produce some 3,600 megawatts — the equivalent of three nuclear power stations.
Tajikistan is reviving the colossal project, first planned by the Soviet authorities in 1976, before being abandoned due to the end of communist rule and then the Tajik civil war.
At the site, dozens of bulldozers go up and down the mountains and dozens of kilometers of underground tunnels are equipped with giant turbines.
Some 17,000 people are working on the site which lies west of the capital Dushanbe, in the foothills of the Pamir Mountains.
The site is already partially functioning but it is not known when construction will be finished.
Giant banners showing President Emomali Rahmon — in power for 32 years — hang over the construction site.
Rahmon has stressed the importance of the dam, calling it a “palace of light,” the “pride of the Tajik nation” and the “construction project of the century.”
Surrounded by giant machinery, engineer Zafar Buriyev said he was certain the dam would end power cuts.
“Once the construction at Rogun is finished, Tajikistan will completely come out of its electricity crisis,” he told AFP.
He stood in what he called “the heart of the dam” in between giant peaks.
“By next summer, this area will be submerged and the water will reach an altitude of 1,100 meters and then eventually 1,300.”
Authorities have said the plant will not only generate enough electricity to use domestically, but could supply other Central Asian countries — and even nearby Afghanistan and Pakistan.
Water resources have long been a source of tension between Central Asian countries as they suffer shortages.
The plant’s technical director Murod Sadulloyev told AFP it will help “reinforce the unified energy system” in Central Asia — a concept dating back to the USSR that enables the former Soviet republics to exchange water and electricity.
Tajikistan’s neighbors are also working to revive Soviet-era energy projects.
Kyrgyzstan and Uzbekistan have pledged to build the Kambar-Ata hydroelectric power plant jointly in a mountainous area of Kyrgyzstan.
Tajikistan’s Rogun project has been criticized for its constantly rising cost — currently more than $6 billion — and its environmental impact, while information on Kambar-Ata has been classified as secret.
The Central Asian power plants are being built in the context of dire climatic realities.
According to the UN, Central Asia is “warming more rapidly than the global average.”


Kyiv begins mass operation to seal borders for draft evaders

Updated 10 January 2025
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Kyiv begins mass operation to seal borders for draft evaders

  • Kyiv has been driving a large-scale mobilization campaign for months to boost its military
  • Mobilization has spurred panic among Ukrainian fighting-aged men and has seen thousands flee

KYIV: Ukrainian police said Friday they were conducting hundreds of raids nationwide to shut down routes used by military-aged men to flee the country to avoid military service.
Kyiv has been driving a large-scale mobilization campaign for months to boost its military, which is struggling to hold back Russia’s significantly larger army that is advancing in the east of the country, nearly three years after Moscow invaded.
The divisive campaign has spurred panic among Ukrainian fighting-aged men and has seen thousands flee the country illegally toward Europe, sometimes utilising dangerous smuggling routes over mountains or rivers.
“More than 600 simultaneous searches are being conducted by the SBU (Security Services of Ukraine) operatives and National Police investigators,” police said in a statement.
“This is only the first stage of a special operation to block the channels of trafficking of men of military age abroad,” it added.
It said that the operation was primarily targeting the organizers of schemes that aid draft evaders to illegally cross the Ukrainian border. It said it would provide more information on the operation soon.
Police said “criminals” had helped hundreds of people cross the border via illegal routes and that the operation was being conducted across the country.
“Details of the operation will be made public after all investigative actions are completed,” the statement added.
Kyiv has been battling problems with systemic corruption within its military mobilization infrastructure since the beginning of Russia’s invasion in February 2022.
Late last year, Ukrainian former prosecutor general Andriy Kostin resigned after a probe uncovered a large-scale corruption scheme that apparently provided military draft exemptions for government officials.
That followed a decision by Ukrainian President Volodymyr Zelensky to fire the heads of regional draft offices.