Travel ban critics say Trump is hurting his case

Jun 07, 2017, 10:49
Travel ban critics say Trump is hurting his case

In light of the London terror attacks, President Donald Trump is stressing the need for what he calls a "travel ban" to restrict immigration from six terror prone, mostly Muslim countries. It's not a travel ban, ' Spicer said at the time. All four substantially strengthen the case for blocking the order as unconstitutional.

Short of actually saying that the point of the order was to express anti-Muslim animus, there's not much Trump could have done to weaken his case more. Trump tweeted on Monday.

If the Supreme Court backs Trump, the 90-day ban on people entering the USA from Iran, Libya, Somalia, Sudan, Syria and Yemen will be revived.

"We need to prevent bad actors regardless of religion, race or nationality from entering our country", Kelly said.

Along party lines, Democrats are more likely than Republicans to view the executive order as anti-Muslim.

Federal courts struck down Trump's first temporary travel ban, an executive order he issued a week after taking office on 20 January. When you insult your own lawyers, the rest of the legal system tends to notice.

Those tweets undermine an earlier statement by Trump's communications team, and emphasize the struggle with communicating for a President who is known for his off-the-cuff ability to reach out to his followers directly on Twitter.

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He also was able to cover Trump's withdrawal from the Paris Climate Change Agreement and the latest on the Trump/Russia scandal, as well as Jared Kushner's secret meetings with Russian bankers: "Just when you thought you knew what was going on, it turns out it was exactly what you thought".

The Justice Department last week filed an appeal with the Supreme Court asking it to hear an appeal in one travel ban case in which the 4th U.S. Circuit Court of Appeals ruled against the administration.Other cases are still awaiting rulings from the 9th Circuit Court of Appeals.

In his tweets, Trump insisted on calling the measure a "travel ban".

So why, opponents argue, does Trump still want the temporary travel ban?

A key issue before the justices in whether Trump's comments during the 2016 president campaign, including calling for "a total and complete shutdown of Muslims entering the United States", can be used as evidence that his order was meant to discriminate against Muslims.

The justice department, meanwhile has found itself in an almighty legal tangle before the courts. When the president tweets, it is also the word of the White House. "I do not think the injunction included not being able to plan for vetting", said Leon Fresco, an immigration lawyer at Holland & Knight.

In a case where the president's intention is all-important, this is madness.

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Trump has the authority to order the Justice Department to pursue a different strategy. The media does not want Trump to stop tweeting-his staff does.

"The Justice Department should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C. There are many things about which Donald Trump is wrong".

"That's right, we need a TRAVEL BAN for certain risky countries, not some politically correct term that won't help us protect our people", he tweeted. In addition to creating possible headaches in court, that misstates the process.

Neil Katyal, a supreme court lawyer, tweeted in response to Trump, "It's kinda odd to have the defendant in Hawaii v Trump acting as our co-counsel". There is zero chance that Roberts would like to go down in history as the chief justice who rolled over for a contemptuous, dismissive president.

Conway had been considered for at least two high-ranking Justice Department jobs, including solicitor general, the government lawyer who represents the president at the Supreme Court.

Let that last one settle in for a moment.

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