Judge rejects administration request for delay, rules Trump travel ban case can proceed in Seattle

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Judge Robart, left. and President Donald Trump

SEATTLE — A federal judge in Seattle said Monday that a lawsuit by Washington state challenging President Donald Trump’s travel ban will proceed as an appellate court considers a preliminary injunction in the case.

U.S. District Judge James Robart, who previously issued a temporary restraining order halting the ban, ruled Monday the lawsuit can go forward.

The Justice Department had wanted to put the case on hold while the 9th U.S. Circuit Court of Appeals decides whether a larger, 11-judge panel will review a government request to allow the ban.

Washington Attorney General Bob Ferguson tweeted after Robart's decision Monday:

A three-judge federal appeals court panel last week refused to toss out the injunction and reinstate the travel ban. The three-judge panel unanimously rejected the administration's claim of presidential authority in the matter.

Trump's ban involves travelers from seven predominantly Muslim nations.

U.S. District Court Judge James Robart ruled Monday for an expedited discovery, meaning the case against President Donald Trump's travel ban will move more quickly to trial.

The Trump administration said it was reviewing all of its options. It has not yet sought an appeal to the U.S. Supreme Court.

In a "status hearing" on the case Monday in Seattle, Robart revealed that an unidentified judge on the 9th U.S. Circuit Court of Appeals in San Francisco asked for the travel ban case to be heard by the full bench of the appellate court.

Washington Attorney General Bob Ferguson, however, had asked for "expedited discovery," for all evidence to be presented to the U.S. District Court in Seattle so that the case could move to trial in the lower court. Robart granted that request on Monday.

 

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