State of Hawaii v. Trump

Filing 183

MOTION to Intervene by Defendant Vincent Lucas (Attachments: # 1 [PROPOSED] Intervenor Vincent Lucas's Cross Complaint against the State of Hawaii and Ismail Elshikh, Exh A - B, # 2 Mailing Documentation)(ecs, ) [Note: Document received does not have an Original signature and no other copies provided to the court.] Modified on 3/16/2017 (ecs, ).

0 RI G NA L
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FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII

Vincent Lucas, Ph.D.
MAR t 2017
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P.O. Box 272
-;I'
Amelia, OH 45102
o'clock and tTJ _rnin.~M
[phone]
SUEBEITIA.CLF"1K
[e-mail]
Intervenor

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RECE I VED

CLERK U.S. DISTRICT COURT

MAR 1:3 2 d
017
DISTRICT OF HAWAII

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI'I
STATE OF HAWAI' I and ISMAIL
ELSHIKH,
Plaintiffs,

Case No. 1:17-cv-00050-DKW-KJM
VINCENT LUCAS' S MOTION TO
INTERVENE

v.
DONALD J. TRUMP, President of the
United States, et al.
Defendants,
VINCENT LUCAS,
(Proposed) Intervenor.

Pursuant to Fed.R.Civ.P. 24, I, Vincent Lucas, move that I be permitted to
intervene on the grounds that the State of Hawai' i and Elshikh through this action
threaten my fundamental interest in life and domestic tranquility 1 by seeking to
impede the Constitutional powers of the President of the United States to protect
me from terrorism during a time at which the United States is at war against alQaida and ISIL. For the reasons stated in my proposed Cross Complaint, I have a
tangible interest in the outcome of this action. My claims and/or defenses share

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U.S. Const., Preamble

1

1:17-cv-50

common questions of law or fact with those of the President of the United States,
for example: Is the United States at war with al-Qaida and ISIL? Did al Qaida and
ISIL exploit vulnerabilities in U.S. and European visa and refugee programs to
commit acts of terrorism on 9/11/2001 and numerous acts of terrorism in Europe
since 2015? Does al-Qaida and ISIL seek to put its terrorist operatives in this
country by exploiting vulnerabilities in our visa and refugee system? Does the
President's Executive Order fall under his broad wartime powers as Commander in
Chief? What jurisdiction does the judicial branch have to review the President's
wartime actions as Commander in Chief? Should decisions about the defense of
this country be made by the President, who the people of The United States elected
to be their Commander in Chief, or should those decisions be made by unelected
judges?
Just as Elshikh represents the perspective of an individual citizen who
alleges that he is somehow harmed by the Executive Order, I represent the
perspective of the nearly 63 million Americans who voted for President Trump to
protect America from terrorism.

If the only individual citizens that the Court

listens to are those that allege that they may be harmed by the Executive Order,
this Court could obtain a warped view of the case. The stakes in this case go far
beyond being inconvenienced by needing to postpone a family visit or losing
tourism revenue.

The Plaintiffs' ultimate goal is to permanently tie President

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1: 17-cv-50

Trump's hands so that he is unable to make any changes to U.S. visa and refugee
programs to address their vulnerabilities.

So interfering with the President' s

Constitutional wartime powers as Commander in Chief (as well as his statutory
powers under 8 U.S.C. 1182(t) and 1185(a)) puts all Americans at much greater
risk of death or bodily injury from terrorism. Europe's failed experiment with
open refugee migration led to a dramatic increase in major acts of terrorism in the
name of ISIL since late 2015. Do we need to wait for the next 9/11 before we
secure our visa and refugee programs, or before the courts recognize that
individual citizens, such as me, have a tangible life-or-death interest that is harmed
by interference with the President's power to defend this country?
For these reasons, I respectfully request that this Court grant my Motion to
Intervene.
Respectfully submitted,

Vincent Lucas, Ph.D.

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1:l7-cv-50

CERTIFICATE OF SERVICE
I hereby certify that, on the dates and by the methods of service noted below, a true
and correct copy of the foregoing and my Proposed Cross Complaint were served
on the following at their last known addresses:
Served by first-class mail and by email on March 11, 2017:
Douglas S. Chin
Department of the Attorney
General, State of Hawai'i
425 Queen Street
Honolulu, HI 96813
[e-mail]
Neal K. Katyal
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
[e-mail]
Brad P. Rosenberg
Daniel S. Schwei
U.S. Department of Justice
Civil Division-Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20001
[e-mail]
Daniel. S. [e-mail]

sNincent Lucas

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1:l7-cv-50