State of Hawaii v. Trump

Filing 64

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (SECOND) against John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America, filed by State of Hawaii, Ismail Elshikh. (Attachments: # 1 Exhibit 1 - Copy of Executive Order dated 3/6/2017, # 2 Exhibit 2 - Copy of Executive Order dated 1/27/2017, # 3 Exhibit 3 - Collection of relevant Data for Hawaii, # 4 Exhibit 4 - Tables for fiscal years 2005-2015, # 5 Exhibit 5 - Copy of table of contents and executive summary, # 6 Exhibit 6 - Copy of press release, # 7 Exhibit 7 - Copy of transcript, # 8 Exhibit 8 - Copy of Washington Post Article, # 9 Exhibit 9 - Copy of this NBC News article, # 10 Exhibit 10 - Copy of the draft DHS report, # 11 Exhibit 11 - Final version of DHS report, # 12 Exhibit 12 - Copy of NBC News article, # 13 Exhibit 13 - Copy of Dissent Channel memorandum, # 14 Exhibit 14 - Copy of DHS Q&A, # 15 Certificate of Service)(Katyal, Neal) Docket title text added on 3/9/2017 (ecs, ).

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3/3/2017 AP Exclusive: DHS report disputes threat from banned nations AP Top News Sports Entertainment Explore  AP Top News AP Exclusive: DHS report disputes threat from banned nations By VIVIAN SALAMA and ALICIA A. CALDWELL Feb. 24, 2017 RELATED TOPICS Religion Politics Travel Syria Terrorism Donald Trump United States More from AP Top News WASHINGTON (AP) — Analysts at the Homeland Security Department's intelligence arm found insuﬃcient evidence that citizens of seven Muslim-majority countries included in President Donald Trump's travel ban pose a terror threat to the United States. A draft document obtained by The Associated Press concludes that citizenship is an "unlikely indicator" of terrorism threats to the United States and that few people from the countries Trump listed in his travel ban have carried out attacks or been involved in terrorismrelated activities in the U.S. since Syria's civil war started in 2011. Trump cited terrorism concerns as the primary reason he signed the sweeping temporary travel ban in late January, which also halted the U.S. refugee program. A federal judge in Washington state blocked the government from carrying out the order earlier this month. Trump said Friday a new edict would be announced soon. The administration has been working on a new version that could withstand legal challenges. https://apnews.com/39f1f8e4ceed4a30a4570f693291c866 EXHIBIT 9 1/6 3/3/2017 AP Exclusive: DHS report disputes threat from banned nations AP Top News Sports Entertainment Homeland Security spokeswoman Gillian Christensen on Friday did Explore  not dispute the report's authenticity, but said it was not a ﬁnal comprehensive review of the government's intelligence. "While DHS was asked to draft a comprehensive report on this issue, the document you're referencing was commentary from a single intelligence source versus an oﬃcial, robust document with thorough interagency sourcing," Christensen said. "The ... report does not include data from other intelligence community sources. It is incomplete." The Homeland Security report is based on unclassiﬁed information from Justice Department press releases on terrorism-related convictions and attackers killed in the act, State Department visa statistics, the 2016 Worldwide Threat Assessment from the U.S. intelligence community and the State Department Country Reports on Terrorism 2015. The three-page report challenges Trump's core claims. It said that of 82 people the government determined were inspired by a foreign terrorist group to carry out or try to carry out an attack in the United States, just over half were U.S. citizens born in the United States. The others were from 26 countries, led by Pakistan, Somalia, Bangladesh, Cuba, Ethiopia, Iraq and Uzbekistan. Of these, only Somalia and Iraq were among the seven nations included in the ban. Of the other ﬁve nations, one person each from Iran, Sudan and Yemen was also involved in those terrorism cases, but none from Syria. It did not say if any were Libyan. The report also found that terrorist organizations in Iran, Libya, Somalia and Sudan are regionally focused, while groups in Iraq, Syria and Yemen do pose a threat to the U.S. The seven countries were included in a law President Barack Obama signed in 2015 that updated visa requirements for foreigners who had traveled to those countries. First Class to Greece We Have Special Discounts to Get You 70% off First Class Tickets alphaꖌ�ightguru.com/Greece https://apnews.com/39f1f8e4ceed4a30a4570f693291c866 2/6 3/3/2017 AP Exclusive: DHS report disputes threat from banned nations Christensen said the countries were also selected in part because they lacked the ability to properly vet their citizens and don't cooperate with U.S. efforts to screen people hoping to come to the U.S. The report was prepared as part of an internal review Trump AP Top News Sports Entertainment Explore  requested after his executive order was blocked by the 9th U.S. Circuit Court of Appeals. It was drafted by staff of the Homeland Security Department's Intelligence and Analysis branch at the direction of its acting leader, David Glawe. White House spokesman Michael Short said this was not the full report that Trump had requested. He said he believes "the intel community is combining resources to put together a comprehensive report using all available sources, not just open sources, and which is driven by data, not politics." The intelligence document was circulated beyond Homeland Security. The draft document reﬂects the tensions between the president's political appointees and the civil servants tasked with carrying out Trump's ambitious and aggressive agenda. Trump has repeatedly complained about leaks meant to undercut his policies and suggested he does not trust holdovers from the Obama administration. Trump originally said the ban was necessary to overhaul the vetting system for both refugees and would-be foreign visitors, saying that terrorists may try to exploit weaknesses to gain access to the United States. The order sparked chaos, outrage and widespread protests, with travelers detained at airports and panicked families searching for relatives. But several courts quickly intervened and the 9th Circuit ultimately upheld a ruling blocking the ban and challenged the administration's claim that it was motivated by terrorism fears. Trump's ban temporarily barred citizens from the seven countries from coming to the United States for three months. The order also temporarily shut down the U.S. refugee program for four months and indeﬁnitely banned anyone from Syria. A senior administration oﬃcial told the AP on Sunday that a draft of the revised order will target those same seven countries. The oﬃcial would not be named discussing the document before it is made public. In a speech to the Conservative Political Action Committee Friday, Trump reiterated his claims on terrorism. https://apnews.com/39f1f8e4ceed4a30a4570f693291c866 3/6 3/3/2017 AP Exclusive: DHS report disputes threat from banned nations "We are going to keep radical Islamic terrorists the hell out of our country," Trump said. He said he singled out the seven countries because they had already been deemed a security concern by the Obama administration. AP Top News Sports Entertainment Explore  ___ Intelligence document available at http://apne.ws/2lSKNUo ___ Contact Alicia A. Caldwell on Twitter at www.twitter.com/acaldwellap and Vivian Salama at www.twitter.com/vmsalama or https://www.ap.org/tips More From AP by Taboola AP FACT CHECK: Trump's messy case that he inherited a mess Trump's reluctant dismissals could alter White House AP FACT CHECK: Trump gets ahead of himself on pipeline Trump's secretary of state on the spot on 1st foreign trip Ad Content Sponsored Links by Taboola One Of Our Writers Wore MeUndies For A Month And The Results Are In AskMen | MeUndies [Cheers Quiz] You'll Score High if You Remember Everybody's Name! HowStuffWorks Quizzes 21 Hilarious Photos Of Cats Being Shamed For Their Crimes Topix Pawsome https://apnews.com/39f1f8e4ceed4a30a4570f693291c866 4/6 3/3/2017 AP Exclusive: DHS report disputes threat from banned nations Watch: She Kicked the Snowman, It Hit Back Weather.com AP Top News Sports Entertainment 4 Ways to Combat Psoriasis Symptoms Explore  Livestrong for Healthline The Best Hiking Boots for Plantar Fasciitis GoreTex Pictures Of Guilty Dogs Caught In The Act Frank151 We Bet You Didn't Notice This Mistake In 'Forrest Gump' Tomorrowoman https://apnews.com/39f1f8e4ceed4a30a4570f693291c866 5/6 3/3/2017 AP Exclusive: DHS report disputes threat from banned nations AP Top News Sports Entertainment Explore  AG's recusal portends continued pressure on Russia meddling WASHINGTON (AP) — Attorney General Jeff Sessions may not have been clear about his contacts with Russian oﬃcials during the… 42 mins ago Banksy's art in West Bank hotel with world's 'worst view' an hour ago One N.Korean deported, another sought in nerve-agent killing an hour ago VIEW MORE AP NEWS THE ASSOCIATED PRESS MORE FROM AP About Terms and Conditions Privacy About Us Products and Services Media Center Company Contact Us Careers FOLLOW AP AP Images AP Archives AP Video Hub All contents © copyright 2017 Associated Press. 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