The US Court of Appeals for the Fourth Circuit in Richmond, Va., began hearing oral arguments Jan. 29 in International Refugee Assistance Project v. Donald Trump, a case challenging the administration's travel bans. The plaintiffs, led by IRAP, argue that, despite the Supreme Court ruling in Trump v. Hawaii, their challenge is not barred. They contend that the high court simply addressed the preliminary injunction, and not the merits of the overall travel ban. The case challenges the proclamation Protecting the Nation from Foreign Terrorist Entry into the United States, Executive Order 13780. The plaintiffs are asserting that the proclamation is unconstitutional, while the Trump administration argues that Trump v. Hawaii settled the constitutionality of the proclamation.
Trump now says it is increasingly "looking like" Iran was behind the attack on Saudi Arabian oil facilities over the weekend, while adding: "I don't want war with anybody but we're prepared." (RFE/RL) He also tweeted in typically ugrammatical style: "Saudi Arabia oil supply was attacked. There is reason to believe that we know the culprit, are locked and loaded depending on verification, but are waiting to hear from the Kingdom as to who they believe was the cause of this attack, and under what terms we would proceed!" Meanwhile, Yemen's Houthi rebels have claimed responsibility for the attack, while Iran is denying any involvement. How are we to read this, and what are the risks?
Over the past weeks, the two biggest members of the international coalition supporting the official government of Yemen against the Houthi rebels have fallen out, with Saudi Arabia continuing to back President Abd-Rabbu Mansour Hadi and the United Arab Emirates switching its support to southern separatists. Last week, the UAE-backed Security Belt militia, armed wing of the Southern Transitional Council (STC), seized effective control of the port city of Aden after days of fighting with Saudi-backed forces of the official government.
Judge Victoria Roberts of the US District Court for the Eastern District of Michigan ruled July 9 that a lawsuit by the Arab American Civil Rights League against the Trump administration's Proclamation No. 9645, the third iteration of his "travel ban," which restricts travel from seven countries, can move forward. The Proclamation states that, after consultation with the Director of Homeland Security and the Attorney General, and based on their assessment of threats against the United States from nationals traveling from the seven enumerated countries, "entry should be subject to certain restrictions, limitations, and exceptions." The administration sought to have the lawsuit dismissed based on the Supreme Court's ruling in Trump v. Hawaii, in which the court held that under §1182(f) of the Immigration and Nationality Act, the president is granted broad discretion to lawfully decide "whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions." Roberts held in the present case that, "although the Proclamation is facially neutral, its impact falls predominantly on Muslims."
The Supreme Court on June 10 denied certiorari in the case of Moath Hamza Ahmed al-Alwi, a Yemeni who has been held as an "enemy combatant" at Guantánamo since 2002. Al-Alwi was captured in Pakistan in late 2001, and the government concluded that he had fought in Afghanistan as part of a Qaeda-commanded unit. Al-Alwi denied this unsuccessfully during his original round of habeas corpus proceedings, and in 2015 initiated a new habeas case arguing that the nature of US involvement in Afghanistan had changed such that the use of military detention is no longer justified under the 2001 Authorization for Use of Military Force (AUMF). The district court and the US Court of Appeals for the DC Circuit disagreed, and the Supreme Court has now declined to review the appellate court's conclusion.
So Iran shot down a US Navy Global Hawk surveillance drone in the Strait of Hormuz June 20, with the two sides at odds over whether it was within Iranian airspace. Trump now tweets that he was on the verge of ordering retaliatory strikes on Iranian bases when he called it off the following day due to concern about the likely death toll of some 150. We are again expected to believe that Donald "bomb the shit out of 'em" Trump is a hippie pacifist at heart. The same guy who just weeks earlier vetoed a Congressional resolution calling for the withdrawal of US military forces from Yemen, and whose bombing campaign against ISIS-held territory in Syria and Iraq jacked up an horrific toll in civilian casualties.
Nearly six months after a much-publicized deal was made in Sweden to bring an end to four years of war and the resulting humanitarian crisis in Yemen, the UN now says Houthi fighters have pulled out of the Red Sea port city of Hodeidah. But many Yemenis, including the internationally recognized government of President Abd Rabbu Mansour Hadi, claim that reports of a unilateral withdrawal by Houthi forces are a "smokescreen." The limits of what has been achieved are clear from renewed clashes that have erupted in Hodeidah between Saudi-backed pro-government forces and Houthi rebels.
More than 10,000 people have been reported killed in Yemen over the last five months, bringing the war's total death toll to over 70,000 since 2016, according to the Armed Conflict Location & Event Data Project (ACLED). While overall reported fatalities have trended downward this year amid a UN-backed peace process, fighting continues across the country and has even intensified in some areas, including the governorates of Taiz and Hajjah. The Saudi-led coalition is responsible for the highest number of reported civilian fatalities from direct targeting: over 4,800 since 2016. The Houthis and their allies are responsible for over 1,300 reported civilian fatalities from direct targeting. (ACLED, Madison, WI, April 18)