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 5

Morning Mix

By Samantha Schmidt February 28

Less than five hours after a man shot up a Kansas bar, killing one Indian man and wounding two other people in an apparently
racially motivated attack, an Applebee’s bartender 70 miles away made a 911 call.
The woman on the phone told the dispatcher that a man had come into her bar and told her he “had done something really bad
and he was on the run from the police.”
The man wouldn’t tell her what he did but kept asking her to allow him to stay at her house. The bartender persisted,
persuading him to tell her what happened. “He said he shot and killed two Iranian people in Olathe,” the bartender said.
She read the news and sure enough, noticed that a few hours earlier, a shooting had taken place in Olathe, a city about 20 miles
southwest of Kansas City. Her 911 call, later released by a local television station, led authorities to locate Adam Purinton, 51,
of Olathe, late Wednesday and take him into custody. The phone call recording supports witness statements that the bar
shooter thought the two men, Srinivas Kuchibhotla and Alok Madasani, were of Middle Eastern descent.
They were actually Indian nationals employed by the technology firm Garmin. They had received master’s degrees in the
United States. Kuchibhotla died from his injuries Wednesday, and Madasani was released from the hospital the following day.
An American who was wounded when he tried to intervene, Ian Grillot, remains hospitalized but continues to improve, doctors
said.
The FBI announced Tuesday that it is investigating the shooting as “a hate crime,” which could lead to federal prosecution in
addition to state murder charges already filed. Witnesses reported that Purinton hurled racial slurs at the two Indians and told
them: “Get out of my country.” The shooting stirred anger and fear in India and among the South Asia diaspora in the United
States, prompting some to link it to xenophobia spurred by Donald Trump’s presidential campaign.

Parents and students in India began to worry that the United States was no longer a safe place for visiting Indian students,
scholars and tech workers. The father of Madasani appealed Friday to “all the parents in India” not to send their children to the
United States under “present circumstances.”
A relative of Kuchibhotla told The Post that the family was in shock.
“Something has changed in the United States,” he said. “Such things are not good for the Indian community living here.”
Cable news channels debated whether the United States was now a danger zone for those with brown skin. “Is this the new
normal?” an anchor on NDTV news channel asked.
On Monday, Hillary Clinton tweeted that the president should “step up and speak out.” She shared a link to a story about the
Kansas shooting and said: “With threats & hate crimes on rise, we shouldn’t have to tell @Potus to do his part.”
Purinton, who faces charges of first-degree murder and first-degree attempted murder, made his first court appearance
Monday via closed-circuit television from Johnson County jail. He was seen wearing what a sheriff’s department spokesman
called a “safety smock,” assigned to suspects who said something in the jail that suggested they might harm themselves, the
Associated Press reported. Purinton, described by the Kansas City Star as a Navy veteran, former pilot and air traffic
controller who lives in “a comfortable suburban home,” had a bond set at $2 million, according to court documents.
After shots were fired at Austins Bar and Grill on Wednesday night in Olathe, the suspect fled on foot, and a manhunt ensued,
the Kansas City Star reported. Purinton was seen less than five hours later in Clinton, Mo., in a 2000 Chevy Silverado.
When he spoke with the Applebee’s bartender that night, he made her promise that she would not call the police, she told the
911 dispatcher.
“I asked him if he had a gun on him, and he told me he did not,” she said. “And he told me he wasn’t going to hurt me, but I
don’t know.”
She asked the dispatcher if the police could come to the restaurant quietly, without using sirens. “There’s people in the building
still, and I don’t want him to freak out,” she said.
But when Clinton police arrived at 11:43 p.m., Purinton gave himself up without a fight, 41 Action News reported. Officers
found him in possession of an expired active-duty Navy identification card. He had booked room 131 at the West Bridge Motel
up the road from Applebee’s.
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