<!-- mobian-agent-page publisher="time" canonical="https://time.com/4704177/travel-ban-jay-bybee-dissent-donald-trump/" -->

---
---

![](https://static.time.com/v3/assets/bltea6093859af6183b/bltbfa67fee993ba55f/6988be9acd1bbaa9de70454e/gettyimages-653578004.jpg?branch=production&width=2400&quality=75&auto=webp&crop=16:9)


# A Federal Judge Agreed With the Travel Ban. But He Disagreed With President Trump's Attacks on Courts


by 

[Ryan Teague Beckwith](https://time.com/author/ryan-teague-beckwith/)


## Ryan Teague Beckwith


Mar 16, 2017 6:31 PM UTC

![President Trump Speaks At American Center For Mobility In Ypsilanti, Michigan](https://static.time.com/v3/assets/bltea6093859af6183b/bltbfa67fee993ba55f/6988be9acd1bbaa9de70454e/gettyimages-653578004.jpg?branch=production&width=3840&quality=75&auto=webp&crop=3:2)

YPSILANTI, MI- MARCH 15: U.S. President Donald Trump speaks to auto workers at the American Center for Mobility March 15, 2017 in Ypsilanti, Michigan. Trump discussed his priorities of improving conditions to bolster the manufacturing industry and reduce the outsourcing of American jobs. (Photo by Bill Pugliano/Getty Images)

YPSILANTI, MI- MARCH 15: U.S. President Donald Trump speaks to auto workers at the American Center for Mobility March 15, 2017 in Ypsilanti, Michigan. Trump discussed his priorities of improving conditions to bolster the manufacturing industry and reduce the outsourcing of American jobs. (Photo by Bill Pugliano/Getty Images)Bill Pugliano—Getty Images

by 

[Ryan Teague Beckwith](https://time.com/author/ryan-teague-beckwith/)


## Ryan Teague Beckwith


Mar 16, 2017 6:31 PM UTC

A federal judge appointed by George W. Bush [took President Trump to task](https://www.washingtonpost.com/news/morning-mix/wp/2017/03/16/appeals-court-judges-rebuke-trump-for-personal-attacks-on-judiciary-intimidation/?utm%5Fterm=.74054f4c4383) for his criticism of judges, even as he was writing a dissent that took Trump’s side in the disputed travel ban.

U.S. Appeals Court Judge Jay Bybee did not mention Trump by name, but he did refer to one of the “parties” in the lawsuit leveling “personal attacks” on judges.

“Such personal attacks treat the court as though it were merely a political forum in which bargaining, compromise, and even intimidation are acceptable principles,” he [wrote in a dissent](http://www.politico.com/f/?id=0000015a-d493-d536-a37b-d4d7f9b30000). “The courts of law must be more than that, or we are not governed by law at all.”

After a federal judge in Washington state — [also appointed by Bush](https://www.washingtonpost.com/news/post-nation/wp/2017/02/04/meet-the-bush-appointed-federal-judge-who-halted-trumps-executive-order/) — ruled against Trump’s first executive order barring immigration from seven Muslim-majority countries, Trump [called him a “so-called judge”](http://time.com/4664730/donald-trump-neil-gorsuch-tweet-judge-demoralizing/) in a tweet. He later called a panel of judges reviewing the decision [“so political.”](http://thehill.com/homenews/administration/318451-trump-attacks-judges-weighing-travel-ban)

Bybee said the _ad hominem_ attacks didn’t help Trump make his case.

“The personal attacks on the distinguished district judge and our colleagues were out of all bounds of civic and persuasive discourse—particularly when they came from the parties,” Bybee wrote. “It does no credit to the arguments of the parties to impugn the motives or the competence of the members of this court.”

[Confirmed by the Senate in 2003](https://lasvegassun.com/news/2003/mar/14/bybee-confirmed/), Bybee previously served as a lawyer in the Bush White House, where he signed the [so-called “torture memos”](http://content.time.com/time/nation/article/0,8599,1894309,00.html) which permitted “enhanced interrogation” on detainees.

He was joined by Judges Alex Kozinski, Consuelo Callahan, Carlos Bea and Sandra Ikuta in the dissent.

Travel Ban: Judge Jay Bybee Chides Donald Trump's Words

```json
[{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4704177/travel-ban-jay-bybee-dissent-donald-trump/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4704177/travel-ban-jay-bybee-dissent-donald-trump/"},"headline":"A Federal Judge Agreed With the Travel Ban. But He Disagreed With President Trump's Attacks on Courts","datePublished":"2017-03-16T18:31:56.000Z","dateModified":"2026-02-23T03:53:17.201Z","description":"A federal judge appointed by George W. Bush took President Trump to task for his criticism of judges.","url":"https://time.com/4704177/travel-ban-jay-bybee-dissent-donald-trump/","keywords":["travel ban","White House","Immigration","justice","Donald Trump"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/bltbfa67fee993ba55f/6988be9acd1bbaa9de70454e/gettyimages-653578004.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Ryan Teague Beckwith","jobTitle":null,"url":"https://time.com/author/ryan-teague-beckwith/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/bltbfa67fee993ba55f/6988be9acd1bbaa9de70454e/gettyimages-653578004.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"President Trump Speaks At American Center For Mobility In Ypsilanti, Michigan","caption":"President Trump Speaks At American Center For Mobility In Ypsilanti, Michigan","creditText":"Bill Pugliano—Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/travel-ban/","name":"travel ban"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/4704177/travel-ban-jay-bybee-dissent-donald-trump/","name":"A Federal Judge Agreed With the Travel Ban. But He Disagreed With President Trump's Attacks on Courts"}}]}]
```

