Legal experts to Trump on travel ban: Twitter hurting cause

Nick Mcbride
June 6, 2017

We need the courts to give us back our rights.

In another tweet, Katyal predicted the "inevitable cover-my-tweet posts" that DOJ officials would force Trump to send out. More damningly, Mr Trump reaffirms his preference for the first ban-which was blocked in the courts for exceeding legal and constitutional bounds-and concedes that the second version was a "watered down" and "politically correct" version of the first.

After the original order was stayed by courts, the administration issued a revised order.

Judges in the cases have pointed to Trump's words on the campaign trail, as well as remarks by associates, calling for a ban of Muslims entering the United States to show that his intention was discrimination against Muslims, rather than a legitimate exercise of his presidential powers. In another tweet sent today, Trump stated that the second order is a watered down version of the first one, implying it was meant to placate the courts, not change its intent.

Wall argued the ban was "religion-neutral in operation: it draws distinctions among countries based on national-security risks identified by Congress and the Executive, not religion, and applies evenhandedly in the six designated countries". Has President Trump forgotten that he is in charge of the executive branch?

"These tweets are basically winking at his supporters to say, obviously, I'm only doing this so that the courts will uphold it", Vladeck said.

Government lawyers have sought to convince judges that they should not consider the president's statements but instead limit their analysis to the text of the ban.

Trump undermined those arguments on Monday when he lashed out at what he called a "watered down" and a "politically correct" current version of his original order.

The administration said the travel ban was needed so it could evaluate existing screening protocols and set new ones. Those responses will nearly certainly rely on Trump's tweets in arguing that the justices should not revive the order.

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The inconsistency put White House spokeswoman Sarah Sanders in a delicate spot Monday afternoon as questions streamed in about why Trump was contradicting his aides.

Tisch endorsed Trump's call for a $1 trillion infrastructure investment program, agreeing with the president's assessment that United States airports lag those in other countries and should have runways, gates and terminals upgraded. It comes after several tweets by the President over the past two days in his efforts to get his travel ban passed in the U.S. Supreme Court. Still, she said he'd signed the revised ban "for the purposes of expediency" and wasn't considering a third version of the ban.

Trump was off and running early Monday morning, with a series of four tweets attacking the Justice Department, the courts, and his own travel ban - the executive order he signed March 6. But experts have said that since the attacks of September 11, 2001, no one has been killed in the United States in a terrorist attack by anyone who emigrated from or whose parents emigrated from any of those countries.

"Sad", he said on Twitter, borrowing a phrase from Trump's own Twitter.

There is a reason lawyers generally insist that their clients remain quiet while their cases move forward, said Josh Blackman, a professor at South Texas College of Law in Houston. In their appeals, Justice Department lawyers have urged the high court to act on an emergency basis to revive the travel order.

A Justice Department spokesman declined to comment.

Justice department lawyers might also have a tougher time arguing that their revised executive order is substantially different from the first one. The measure has been blocked in USA courts.

So last night [June 1], we asked the Supreme Court to hear this important case and are confident that the President's executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism.

It's unclear when it will make that decision. Sanders discussed Trump's travel ban, health care, former FBI Director James Comey testifying to Congress and other topics.

Other reports by VgToday

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