Executive Disorder

First things first, read the entire Executive Order. Then come back. I’ll wait.

Done? No you’re not. Read it first please.

* Flips through Cabela’s catalog, looks for fly-fishing classes *

* Gets diverted to the muskets. Always wanted a musket *

Done? You sure? Okay, here we go:

The Executive Order PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES justifies itself three times on the September 11, 2001 terrorist attacks. And yet, the seven countries it puts a ninety-day stop on had nothing to do with that attack.

The seven countries affected by the Executive Order are Iran, Iraq, Somalia, Libya, Sudan, Syria and Yemen. And yet, the nineteen hijackers on September 11, 2001 came from Egypt, Lebanon, the United Arab Emirates and primarily from Saudi Arabia. So I’m confused here. It’s like 2002 all over again. Members from al-Qaeda strike us from orders out of Afghanistan, we strike Afghanistan but then the Bush Administration goes after Iraq.

The only reason I can think of why the four countries with nationals who were part of the September 11, 2001 attacks were left off the list is because oil and business and more business. If I am correct, then this Executive Order is not about protecting America at all. It’s about…something else.

Before we speculate that, let’s look at the primary reason for the protests and uproar.

Paragraph three under Section 1 reads: In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation. (emphasis added).

This is referring to tenets of Islam some Muslims engage in. Here, the Order is clearly talking about Muslims, not Jains, Mormons, Buddhists, etc. (As my partner here, Alan J. Sanders, at Freedom Cocktail noted while reviewing a draft of this essay, the use of the word “should” does not mean “must” or “shall”. Being a legal document, without any more information, we can’t be entirely sure if the should is a shall). In any case, the listed “acts of bigotry” appear to be applying to Muslims, especially since no other religion practices honor killings. We now proceed on to Sec 5 (b) for clarification that this is, indeed, an executive order primarily lodged against Muslims.

Section 5 (b) reads: Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality. (emphasis added) Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

Islam is the majority in the countries identified. So when they say, religious minorities, they’re talking about Christian and otherwise. But the fact is, it is Muslims who primarily become victims from other Muslims. Finally, this may go against the Establishment Clause. Lawyers can work on this.

The third section that was bringing people to protest at airports was the following:

Section 3 (c) reads: (c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas). (emphasis added).

Immigrants (which include Green Card holders, legal permanent residents) are included in the ninety-day stay. This means legal residents who were out of the country when the Order went into effect couldn’t return to the United States for at least three months and then jump through whatever other hurdles were imposed. Just to get back home legally!

The preference for non-Muslims and docking legal residents (immigrants) are the major problem with this executive order. Besides my reading of the document, Donald Trump said the intent of this was to prioritize Christian refugees. Have a look. He does note that many people of all types have been harmed. But he puts more victimhood on Christians.

Is it a Muslim ban? Remarks by Rudy Giuliani seem to say so. In an interview on January 29, 2017, he noted that Trump approached him to put together a Muslim Ban and to do so legally. Those are Giuliani’s words. Sure, he did later say in the same interview that the ban wasn’t based on religion but “danger”. Okay, fair enough, but now we’re back to asking why Egypt, Lebanon, the United Arab Emirates and especially Saudi Arabia are not included?

Let’s also not forget that Trump ran his campaign on a platform for a year calling for a “complete ban” on Muslim entering the country. Is this just a watered down order?

This Executive Order is, indeed, saying at least, if you’re a Muslim from these particular seven countries, you’ll have to sit at the back of the bus.

But back to the four Muslim countries with nationals involved in the September 11, 2001 attacks not being included. Nor were the many other Muslim majority countries. So what gives?

Maybe the answer is in Trump’s tax returns? Maybe it’s oil? Maybe tourism? Maybe anything? I don’t know. Possible combination?

What about Pakistan? Members of Pakistan’s intelligence service, the ISI, have been known to be al-Qaeda sympathizers. That country has been a wobbly ally since the Soviet Union / Afghanistan war.

Maybe being a United States ally is a reason?

In any case, I can’t take this Executive Order seriously as a means of protection for Americans when zero acts of terrorism have come from the listed seven but not the four that actually spawned September 11, 2001 terrorists. And, since it’s primarily aimed at making it more difficult for Muslims that come from countries that have no strong business ties to Trump and/or the United States, it’s terribly insulting to this American to try to claim otherwise.

I suggest more reading on the subject. Here, the Atlantic declared it was a Muslim Ban. It’s a fine analysis.

  • I was considering commenting on Trump’s claim that Obama did a similar thing in 2011 but have chosen not to. First, we cannot change history. Secondly and most importantly, just because your predecessor does it doesn’t mean it’s right. And finally, if you want, here’s an article that says more than I could about it.

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