Disliked{quote} Thanks for the updated charts. Here are great Minute chart on EUR/USD which tells us ? BenjaminisIgnored
Benjamin are you still holding on to your short US30 positions?
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Disliked{quote} Thanks for the updated charts. Here are great Minute chart on EUR/USD which tells us ? BenjaminisIgnored
Disliked{quote} Thanks for the updated charts. Here are great Minute chart on EUR/USD which tells us ? EUR/USD is at 106.75 and keep in mind that Europe stops trading Equity at 11:30 AM Eastern Standard Time while Forex remains open. http://www.forexfactory.com/attachme...0&d=1486647314 Here is something to be aware of and it is that the odds are good that by 6 PM today the Three Appeal Court Judges will rule on the Travel Ban. Whatever the decision it will have an effect on the markets so be aware and be informed so you...Ignored
Disliked{quote} The charts tells us nothing at the moment, can't say for sure which direction the price will currently go. It is just an x-ray of the price currently. Benjamin are you still holding on to your short US30 positions?Ignored
... to which however there was an apt reaction:
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https://pbs.twimg.com/profile_images...ob_normal.jpegDanRiehl @DanRiehl
0-2 (2008,2016) https://twitter.com/HillaryClinton/status/829846842150096896
7:22 PM - 9 Feb 2017
* * *
However, it was Trump's tweeted response that made it clear what the next step is: 12 words, ALL CAPS, and all making it clear that Trump won't let it go without a Supreme Court showdown, because just moments after the Appeals Court ruling was released, Trump tweeted the following:
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
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https://pbs.twimg.com/profile_images..._V2_normal.jpgDonald J. Trump
✔@realDonaldTrump
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
6:35 PM - 9 Feb 2017
Concurrently, the US Department of Justice has said that it is reviewing the Appeals Court decision on the Trump travel ban and is "considering its options."
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https://pbs.twimg.com/profile_images...p6U_normal.jpgPaula Reid
✔@PaulaReidCBS
DOJ Reax to 9th Circuit Decision: The Justice Department is reviewing the decision and considering its options.
6:31 PM - 9 Feb 2017
What are next steps?
Based on the Trump tweet, the option the President will pick is clear: showdown at the Supreme Court.
* * *
Some key excerpts from the ruling.
To rule on the Government's motion, we must consider several factors, including whether the Government has shown that it is likely to succeed on the merits of its appeal, the degree of hardship caused by a stay or its denial, and the public interest in granting or denying a stay. We assess those factors in light of the limited evidence put forward by both parties at this very preliminary stage and are mindful that our analysis of the hardships and public interest in this case involves particularly sensitive and weighty concerns on both sides. Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.
The Opinion starts with Due Process, and rejects the assertion that aliens are not entitled to due process:
The Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individuals ability to travel. Indeed, the Government does not contend that the Executive Order provides for such process. Rather, in addition to the arguments addressed in other parts of this opinion, the Government argues that most or all of the individuals affected by the Executive Order have no rights under the Due Process Clause.
Here is the Court saying that Green Card holders have Due Process rights, as do all people on US soil:
First, we decline to limit the scope of the TRO to lawful permanent residents and the additional category more recently suggested by the Government, in its reply memorandum, previously admitted aliens who are temporarily abroad now or who wish to travel and return to the United States in the future. That limitation on its face omits aliens who are in the United States unlawfully, and those individuals have due process rights as well. Zadvydas, 533 U.S. at 693. That would also omit claims by citizens who have an interest in specific non-citizens ability to travel to the United States... There might be persons covered by the TRO who do not have viable due process claims, but the Governments proposed revision leaves out at least some who do.
Here the Court is dismissive of Trump's DOJ claim that the ban is necessary for security, adding there is "no evidence" that aliens from the seven countries perpetrated terrorist attacks:
the Government submitted no evidence to rebut the States argument that the district courts order merely returned the nation temporarily to the position it has occupied for many previous years.
The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States. Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree.
The court rejecting the argument that a TRO should be narrowed in scope, noting that citizens may have interests for non-citizen travel:
First, we decline to limit the scope of the TRO to lawful permanent residents and the additional category more recently suggested by the Government, in its reply memorandum, previously admitted aliens who are temporarily abroad now or who wish to travel and return to the United States in the future. That limitation on its face omits aliens who are in the United States unlawfully, and those individuals have due process rights as well. Zadvydas, 533 U.S. at 693. That would also omit claims by citizens who have an interest in specific non-citizens ability to travel to the United States. There might be persons covered by the TRO who do not have viable due process claims, but the Governments proposed revision leaves out at least some who do.
On the government's lack of demonstrated authority that a memo from White House Counsel supersedes the Exec Order.
The Government has offered no authority establishing that the White House counsel is empowered to issue an amended order superseding the Executive Order signed by the President and now challenged by the States, and that proposition seems unlikely.
Nor has the Government established that the White House counsels interpretation of the Executive Order is binding on all executive branch officials responsible for enforcing the Executive Order. The White House counsel is not the President, and he is not known to be in the chain of command for any of the Executive Departments. Moreover, in light of the Governments shifting interpretations of the Executive Order, we cannot say that the current interpretation by White House counsel, even if authoritative and binding, will persist past the immediate stage of these proceedings.as
The Court faults the government for submitting "no evidence" to justify the change in long-standing national security policies.
The Government has not shown that a stay is necessary to avoid irreparable injury. Nken, 556 U.S. at 434. Although we agree that the Governments interest in combating terrorism is an urgent objective of the highest order, Holder v. Humanitarian Law Project, 561 U.S. 1, 28 (2010), the Government has done little more than reiterate that fact. Despite the district courts and our own repeated invitations to explain the urgent need for the Executive Order to be placed immediately into effect, the Government submitted no evidence to rebut the States argument that the district courts order merely returned the nation temporarily to the position it has occupied for many previous years.
The Court ends by emphasizing that it has considered national security, but tips towards free flow of travel and freedom from discrimination.
Finally, in evaluating the need for a stay, we must consider the public interest generally. See Nken, 556 U.S. at 434. Aspects of the public interest favor both sides, as evidenced by the massive attention this case has garnered at even the most preliminary stages. On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay.
The punchline and the one sentence that will infuriate Trump, is the following in which the court says it is "beyond question" that the courts have the authority to oversee the President.
In short, although courts owe considerable deference to the Presidents policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.
The fight, however, is far from over. The court battle so far has focused on whether the presidents order should be paused while courts weigh larger issues. Robart already ordered both sides to submit additional arguments focusing on the substance of the case: whether the states have a right to sue and whether Trumps order discriminates against Muslims.
Ultimately, the case is likely to end up before the US Supreme Court, although the next three immediate steps are to 1). do nothing, 2) seek an emergency stay, or 3) cert before judgment, i.e., petition the US Supreme Court.
The most likely outcome is the last one.
The full ruling is below:
Disliked{quote} KeepCalmfx I will answer the question and the answer is directed only at you since you have seen one of my real Forex trading accounts of $100,000 US Dollars. This in my opinion is a once in a lifetime situation as relates to the Euphoria in the markets. I refer to the fact or opinion that US 30 must go back below 19,500. In the past I would trade around my losing positions on a daily basis so that eventually I would make substantial profits and then close the losing positions. I was as I stated Short 5 positions of 100 units of US 30. I...Ignored
Disliked{quote} Hi Benjamin (And Good Day to everyone else.) Thank you for your post. With all these articles that we have read over the past month it is very clear what the big picture and facts are, but the masses are still trading on the perception, following the herd. As we also can see is that the markets are very confused at the moment with all the uncertainty and the unpredictable actions of the president. In my opinion it is very important to know when to trade and when to stay out of the markets. I agree with you Benjamin, someone like yourself...Ignored