State of Hawaii v. Trump

Filing 198

MEMORANDUM re 65 MOTION for Temporary Restraining Order [MUSLIM ADVOCATES, AMERICAN MUSLIM HEALTH PROFESSIONALS, MUPPIES, INC., THE NATIONAL ARAB AMERICAN MEDICAL ASSOCIATION, AND NETWORK OF ARAB-AMERICAN PROFESSIONALS' BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER], filed by American Muslim Health Professionals, Muppies, Inc., Muslim Advocates, Network of Arab-American Professionals, The National Arab American Medical Association. (Attachments: # 1 Declaration of Anton A. Ware, # 2 Exhibit 1 - Shutdown Press Release, # 3 Exhibit 2 - Anderson Cooper Interview, # 4 Exhibit 3 - State Rudy Guiliani, # 5 Exhibit 4 - Miller on Fox News, # 6 Exhibit 5 - WaPo Kansas Suspect, # 7 Exhibit 6 - Seattle Kent, # 8 Exhibit 7 - Fire store owner, # 9 Exhibit 8 - WaPo pipe attack, # 10 Exhibit 9 - Spate of mosque fires stretches across the country, # 11 Exhibit 10 - Politico absolute no choice but to close down mosques, # 12 Exhibit 11 - Georgetown Bridge Initiative Trump Cites Flowed Poll, # 13 Exhibit 12 - Republican Candidates Debate in North Charleston, South Carolina, # 14 Exhibit 13 - Transcript Donald Trump's national security speech, # 15 Exhibit 14 - 60 Minutes Trranscript, # 16 Exhibit 15 - Meet the Press, # 17 Exhibit 16 - Presidential Candidates Debates, # 18 Exhibit 17 - Christian Broadcasting Network, # 19 Exhibit 18 - Donald Trump on Twitter defends Muslim ban, calls work a 'horrible mess', # 20 Exhibit 19 - Pew Reseach Center 2016 Refugees, # 21 Exhibit 20 - DJT Tweet, # 22 Exhibit 21 - So called judge tweet, # 23 Exhibit 22 - See you in court tweet, # 24 Exhibit 23 - Sean Spicer press conference, # 25 Exhibit 24 - Stephen Miller key engineer, # 26 Exhibit 25 - Stephen Miller Islamofascism, # 27 Exhibit 26 - Pew Forum, # 28 Exhibit 27 - State Dept Country Report, # 29 Exhibit 28 - DHS, # 30 Exhibit 29 - DOJ Iraqi Kentucky, # 31 Exhibit 30 - Cato, # 32 Exhibit 31 - Lawfare, # 33 Exhibit 32 - Brennan Center, # 34 Exhibit 33 - Letter Former Officials on March 6 EO, # 35 Exhibit 34 - Trump delays new travel ban after well-reviewed speech - CNN Politics, # 36 Exhibit 35 - Families hoping to make the U.S., # 37 Exhibit 36 - Trump Muslim ban is tearing apart families, # 38 Exhibit 37 - Children and Refugees Who Planned Medical Care in the US Stuck After Trump Executive Order - Health News - ABC News Radio, # 39 Exhibit 38 - Trump's Travel Ban, Aimed at Terrorists, Has Blocked Doctors - The New York Times, # 40 Certificate of Service)(Kacprowski, Nickolas) Modified on docket title text on 3/14/2017 (ecs, ).

EXHIBIT 33

March 10, 2017

The Honorable Donald J. Trump
The White House
1600 Pennsylvania Avenue NW
Washington, D.C. 20050

Dear Mr. President,
We have worked for years, under both Democratic and Republican administrations, to protect America’s
national security. We are deeply concerned that the March 6, 2017 executive order halting refugee
resettlement and suspending visa issuance and travel from six Muslim-majority countries will, like the
prior version, weaken U.S. national security and undermine U.S. global leadership. The United States
faces serious threats from terrorist networks and must take all prudent and effective steps to combat
them, including the appropriate vetting of travelers to the United States. But the recent order suffers
from the same core substantive defects as the previous version.
The revised executive order will jeopardize our relationships with allies and partners on whom we rely
for vital counterterrorism cooperation and information-sharing. To Muslims— including those victimized
by or fighting against ISIS—it will send a message that reinforces the propaganda of ISIS and other
extremist groups, that falsely claim the United States is at war with Islam. Welcoming Muslim refugees
and travelers, by contrast, exposes the lies of terrorists and counters their warped vision.
We must remain vigilant to keep our nation safe from terrorists, whether foreign or homegrown. At the
same time, we must remain true to our ideals. These are not mutually exclusive goals. In fact,
resettlement initiatives advance U.S. national security interests by protecting the stability of U.S. allies
and partners struggling to host large numbers of refugees.
Following the 9/11 attacks, the United States developed a rigorous system of security vetting for
travelers to our homeland, leveraging the full capabilities of the intelligence and law enforcement
communities. Since then, the U.S. has added enhanced vetting procedures for travelers and has revised
them continuously. Our government applies this process to travelers not once, but multiple times.
Refugees are vetted more intensively than any other category of traveler. They are screened by national
intelligence agencies and INTERPOL, their fingerprints and other biometric data are checked against
terrorist and criminal databases, and they are interviewed several times. These processes undergo
review on an ongoing basis to ensure that the most updated and rigorous measures are applied, and any
additional enhancements can be added without halting refugee resettlement or banning people from
certain countries.
We welcome the removal of Iraq from the 90-day travel ban, but we remain concerned that the Iraqis
who risked their lives to work with the U.S. military, U.S. government and other U.S. organizations will
be left in harm’s way for even longer due to the order’s 120-day suspension of the U.S. Refugee
Admissions Program and overall reduction in refugee admissions. These individuals were given priority
access to U.S. resettlement under the Refugee Crisis in Iraq Act, but their resettlement, like that of many
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other vetted refugees, will now likely be delayed as security clearances and other approvals expire,
adding many more months onto their processing. The United States has a moral obligation to protect
these allies.
Bans like those included in this order are harmful to U.S. national security and beneath the dignity of our
great nation. Further, the order’s drastic reduction in the number of refugees to be resettled in this
fiscal year after the 120-day moratorium weakens this country’s ability to provide global leadership and
jeopardizes our national security interests by failing to support the stability of our allies that are
struggling to host large numbers of refugees. America’s much-admired compassion and openness are
sources not of weakness but strength. These qualities accord with the ideals on which our nation was
founded, and on which our greatness rests.
The revised executive order is damaging to the strategic and national security interests of the United
States. We urge that, in moving forward, the United States: ensure any vetting enhancements are
necessary, non-discriminatory and otherwise consistent with the U.S. Constitution; implement any
necessary enhancements without a counterproductive ban or suspension on entry of nationals of
particular countries or religions; and immediately restart a strong non-discriminatory refugee
resettlement initiative, which will in turn advance U.S. global leadership and national security
interests.
We firmly believe that these steps will strengthen U.S. national security and appreciate your attention to
the concerns we raise in this letter.
Sincerely,
(names in alphabetical order)
Wally Adeyemo
Former Deputy Assistant to the President and
Deputy National Security Advisor for International
Economics

Christopher Le Mon
Former Special Assistant to the President for
National Security Affairs

Dr. Madeleine K. Albright
Former Secretary of State

Marcel Lettre
Former Under Secretary of Defense for
Intelligence

Steven L. Arnold
Lieutenant General
U.S. Army (Ret.)

George Little
Former Assistant Secretary of Defense for Public
Affairs

Alyssa Ayres
Former Deputy Assistant Secretary of State for
South Asia

Albert J. Madora
Major General
U.S. Army (Ret.)

Jeremy Bash
Former Chief of Staff,
Department of Defense

Kelly Magsamen
Former Principal Deputy Assistant Secretary of
Defense for Asian and Pacific Security Affairs
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Rand Beers
Former Acting Secretary of the Department of
Homeland Security

Thomas Malinowski
Former Assistant Secretary of State for
Democracy, Human Rights, and Labor

Daniel Benjamin
Former Coordinator for Counterterrorism,
Department of State

Robert Malley
Former Special Assistant to the President and
White House Coordinator for the Middle East,
North Africa, and the Persian Gulf Region

Rob Berschinski
Former Deputy Assistant Secretary of State for
Democracy, Human Rights, and Labor

Brian McKeon
Former Acting Under Secretary of Defense for
Policy

Nisha Biswal
Former Assistant Secretary of State for South and
Central Asian Affairs

Pete McCloskey, Jr.
U.S. Congressman, 1967-1983
11th, 17th, and 12th Congressional Districts of CA

Jarrett Blanc
Former Deputy Special Representative to
Afghanistan and Pakistan

John McLaughlin
Former Deputy Director and Acting Director of
Central Intelligence Agency

Charles Blanchard
Former General Counsel
U.S. Air Force

Philip McNamara
Former Assistant Secretary for Partnerships and
Engagement, Department of Homeland Security

Antony Blinken
Former Deputy Secretary of State

Bernadette Meehan
Former Special Assistant to the President for
National Security Affairs

Max Boot
Jeane J. Kirkpatrick Senior Fellow in National
Security Studies
Council on Foreign Relations

Sarah Mendelson
Former Ambassador to the Economic and Social
Council, United Nations

David M. Brahms
Brigadier General
U.S. Marine Corps (Ret.)

James Miller
Former Undersecretary of Defense for Policy

Michael Breen
Retired United States Army Officer

Lisa Monaco
Former Assistant to President for Homeland
Security and Counterterrorism and Deputy
National Security Advisor

Page 3 of 8

Rosa Brooks
Former Counselor to Under Secretary of Defense
for Policy

Alberto Mora
Former General Counsel, Department of the Navy

Ambassador (ret.) Nicholas Burns
Former Under Secretary of State for Political
Affairs, Ambassador to NATO and to Greece

Janet Napolitano
Former Secretary of the Department of
Homeland Security

Ambassador William J. Burns
Former Deputy Secretary of State

William L. Nash
Major General
U.S. Army (Ret.)

Luis C.deBaca
Former Ambassador at Large to Monitor and
Combat Trafficking in Persons

Thomas Nides
Former Deputy Secretary of State for
Management and Resources

Michael Carpenter
Former Deputy Assistant Secretary of Defense for
Russia, Ukraine, Eurasia

Michael P. Noonan
U.S. Army Veteran
Director of Research, Foreign Policy Research
Institute

Derek Chollet
Former Assistant Secretary of Defense for
International Security Affairs

Suzanne Nossel
Former Deputy Assistant Secretary of State for
International Organizations Affairs

Richard Clarke
Former National Coordinator for Security,
Infrastructure Protection and Counterterrorism
for the U.S.

James C. O’Brien
Former Special Envoy for Hostage Recovery

David Cohen
Former Deputy Director, Central Intelligence
Agency

Matthew Olsen
Former Director of the National Counterterrorism
Center

Bathsheba Crocker
Former Assistant Secretary of State for
International Organization Affairs

Rick Olson
Former Special Representative for Afghanistan
and Pakistan

Ryan C. Crocker
Former U.S. Ambassador to Lebanon, Kuwait,
Syria, Pakistan, Iraq, and Afghanistan

Charles Otstott
Lieutenant General
U.S. Army (Ret.)

James P. Cullen
Brigadier General
U.S. Army (Ret.)

Eric Pelofsky
Former Special Assistant to the President and
Senior Director for North Africa and Yemen
Page 4 of 8

Mary DeRosa
Former Deputy Counsel to the President for
National Security Affairs

Gale Pollock
Major General
U.S. Army (Ret.)

Daniel Drezner
Professor
Fletcher School of Law and Diplomacy

Amy Pope
Former Deputy Homeland Security Advisor and
Deputy Assistant to the President for National
Security Affairs

Paul D. Eaton
Major General
U.S. Army (Ret.)

Michael Posner
Former Assistant Secretary of State for
Democracy, Human Rights and Labor

Mari K. Eder
Major General
U.S. Army (Ret.)

Samantha Power
Former United States Ambassador to the United
Nations

Brian Egan
Former Legal Adviser
U.S. State Department

Jeffrey Prescott
Former Senior Director for Iran, Iraq, Syria, and
the Gulf States, National Security Council

Evelyn Farkas
Former Executive Director, Commission on the
Prevention of WMD Proliferation and Terrorism

Ned Price
Former Special Assistant to the President and
National Security Council Spokesperson

Daniel Feldman
Former Special Representative for Afghanistan
and Pakistan

Dafna Rand
Former Deputy Assistant Secretary of State for
Democracy, Human Rights, and Labor

Steve Feldstein
Former Deputy Assistant Secretary of State for
Democracy, Human Rights, and Labor

William D. Razz Waff
Major General
U.S. Army (Ret.)

Jose W. Fernandez
Former Assistant Secretary of State for Economic,
Energy, and Business Affairs

Susan Rice
Former National Security Advisor to the President
of the U.S.

Jonathan Finer
Former Director of Policy Planning, Department of
State

Bill Richardson
Former Governor of New Mexico and United
States Ambassador to the United Nations

Michele Flournoy
Former Under Secretary of Defense for Policy

Leon Rodriguez
Former Director, U.S. Citizenship and
Immigration Services

Page 5 of 8

Eugene Fox
Major General
U.S. Army (Ret.)

Laura Rosenberger
Former Chief of Staff to the Deputy Secretary of
State

Danielle Garbe
Former Director for Lebanon and Jordan, National
Security Council

Tommy Ross
Former Deputy Assistant Secretary of Defense for
Security Cooperation

Dennis P. Geoghan
Brigadier General
U.S. Army (Ret.)

Murray G. Sagsveen
Brigadier General
U.S. Army (Ret.)

Suzy George
Former Deputy Assistant to the President, Chief of
Staff and Executive Secretary, National Security
Council

Eric Schwartz
Former Assistant Secretary of State for
Population, Refugees, and Migration

F. Stephen Glass
Rear Admiral, JAGC
U.S. Navy (Ret.)

Norman R. Seip
Lieutenant General
U.S. Air Force (Ret.)

Rachel Goldbrenner
Former Senior Policy Advisor to the U.S.
Ambassador to the United Nations

Wendy Sherman
Former Under Secretary of State for Political
Affairs

Mary Beth Goodman
Former Special Assistant to the President for
Development and Democracy

Vikram Singh
Former Deputy Assistant Secretary of Defense for
South and Southeast Asia

Philip Gordon
Former Special Assistant to the President and
White House Coordinator for the Middle East,
North Africa, and the Persian Gulf Region

Elissa Slotkin
Former Acting Assistant Secretary of Defense for
International Security Affairs

Wilton Scott Gorske
Major General
U.S. Army (Ret.)

Jeff Smith
Former General Counsel, Central Intelligence
Agency

Donald J. Guter
Rear Admiral, JACG
U.S. Navy (Ret.)

Julianne “Julie” Smith
Former Deputy National Security Advisor to the
Vice President of the United States

Ziad Haider
Former Special Representative for Commercial
and Business Affairs, U.S. Department of State

Tara Sonenshine
Former Under Secretary of State for Public
Diplomacy and Public Affairs
Page 6 of 8

Irv Halter
Major General
U.S. Air Force (Ret.)

Matthew Spence
Former Deputy Assistant Secretary of Defense for
Middle East Policy

Lee H. Hamilton
U.S. Congressman, 1965-1999
9th Congressional District of IN

James Steinberg
Former Deputy Secretary of State

Keith Harper
Former Ambassador to the United Nations Human
Rights Council

Nik Steinberg
Former Counselor to the U.S. Permanent
Representative to the United Nations

Luke Hartig
Former Senior Director for Counterterrorism
National Security Council

Seth M.M. Stodder
Former Assistant Secretary of Homeland Security
for Border, Immigration & Trade Policy

Caitlin Hayden
Former National Security Council Spokesperson

Jake Sullivan
Former National Security Advisor to the Vice
President of the U.S.

Leif H. Hendrickson
Brigadier General
U.S. Marine Corps (Ret.)

Timothy S. Sullivan
Rear Admiral
U.S. Coast Guard (Ret.)

Heather Higginbottom
Former Deputy Secretary of State for
Management and Resources

Antonio M. Taguba
Major General
U.S. Army (Ret.)

John D. Hutson
Rear Admiral, JACG
U.S. Navy (Ret.)

Jim Townsend
Former Deputy Assistant Secretary of Defense for
European and NATO Policy

David. R. Irvine
Brigadier General
U.S. Army (Ret.)

Michael G. Vickers
Former Under Secretary of Defense for
Intelligence

John H. Johns
Brigadier General
U.S. Army (Ret.)

David Wade
Former Chief of Staff,
Department of State

Colin Kahl
Former National Security Advisor to the Vice
President of the United States

William Wechsler
Former Deputy Assistant Secretary of Defense for
Counterterrorism and Special Operations

Page 7 of 8

Gil Kerlikowske
Former Commissioner, United States Customs and
Border Protection

Moira Whelan
Former Deputy Assistant Secretary of State for
Public Affairs

John Kerry
Former Secretary of State

Catherine Wiesner
Former Deputy Assistant Secretary of State,
Bureau of Population, Refugees, and Migration

Jeremy Konyndyk
Former Director, Office of U.S. Foreign Disaster
Assistance, USAID

Douglas Wilson
Former Assistant Secretary of Defense for Public
Affairs

Charles Kupchan
Former Special Assistant to the President for
National Security Affairs

Tamara Cofman Wittes
Former Deputy Assistant Secretary of State for
Near Eastern Affairs

Mark P. Lagon
Former U.S. Ambassador-at-Large to Combat
Trafficking in Persons

Jon Brook Wolfsthal
Former Special Assistant to the President for
National Security Affairs

Jonathan Lee
Former Deputy Chief of Staff,
Department of Homeland Security

Lee Wolosky
Former Special Envoy for Guantanamo Closure

Michael R. Lehnert
Major General
U.S. Marine Corps (Ret.)

Tom Wyler
Former Counselor to the Secretary of Commerce
and Senior Advisor for International Economics

Paul N. Lekas
Former Deputy General Counsel for Legal Counsel,
Department of Defense

Stephen N. Xenakis
Brigadier General
U.S. Army (Ret.)

CC:
The Honorable Rex W. Tillerson, Secretary of State
The Honorable James N. Mattis, Secretary of Defense
The Honorable Jefferson B. Sessions, Attorney General of the United States
The Honorable John F. Kelly, Secretary of Homeland Security
The Honorable Michael P. Dempsey, Acting Director of National Intelligence

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