Legal experts to Trump on travel ban: Twitter hurting cause
- Author: Larry Hoffman Jun 06, 2017,
Jun 06, 2017, 19:14
Conway said Trump is doing himself no favors with his tweets.
"Whether or not [the Ninth Circuit] agrees or disagrees with what the Fourth Circuit decided, the issue will ultimately end up before the Supreme Court", he predicts. So, the court is sure to ask, if we already have such a system, why would we need a "temporary" moratorium to create one?
George Conway, a lawyer who was until recently in the running to become Mr. Trump's pick to head the Civil Division for the Justice Department, then re-tweeted the president admonishingly. Furthermore, he is not stratified with that version and so has asked his Justice Department to continue working on a "much tougher version in the meantime".
In a White House news briefing shortly after the barrage of Trump's tweets on the travel ban, Deputy Press Secretary Sarah Huckabee Sanders said communicating via social media is "really important" for the president because it gives him a way to communicate "that isn't filtered through media bias". Still, she said he'd signed the revised ban "for the purposes of expediency" and wasn't considering a third version of the ban.
He said on Twitter that others "can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!" They replied that they had stopped, which contradicts Trump's Monday tweet. The appellate court ruling specifically referenced Trump's stump speeches that called for a "total and complete shutdown of Muslims entering the United States". "The point can not be stressed enough that tweets on legal matters seriously undermine the administration's agenda and president and those who support him, as I do, need to reinforce that point and not be shy about it". "They certainly seem relevant", he said. "I'm just not going to allow on a day and a half after terrorists did it again - whether they're ISIS-inspired or ISIS-directed - they're savage murders, it's an evil slaughter, as the president said last night". He urged the justices to accept the travel ban on its face and disregard the campaign statements. They have also sought to portray the president's words as campaign trail rhetoric, and noted that numerous remarks in question - though not all - came before Trump was elected. "A ban would mean people can't get in".
Lawyers from the Justice Department (DOJ) had been avoiding the ban rhetoric, referring to the policy as the Executive Order or the Order in briefs. "And this president is trying to do something to protect the people of this country". In addition to creating possible headaches in court, that misstates the process. Trump, however, called the order a travel ban in capital letters. "You control the Justice Department".
Trump issued his initial travel ban by executive order in January, but that measure - which banned entry to nationals from seven countries for 90 days and suspended the nation's refugee program for 120 days - was quickly halted by the courts.
The appeals court had found that the plaintiffs in the case were likely to succeed at trial in showing that the policy violates USA constitutional prohibitions on religious discrimination.
Legal analysts were quick to point out that the president was hurting his own case. Katyal wrote in his own Twitter post. "These will also go a long way toward mooting debate over use of campaign statements; no need when, as President, he still says these things".
Noting that the Supreme Court would have a decision within the calendar year, Conway stressed the importance of extreme vetting to protect USA borders. "Even though it's held up in the courts right now, what, if anything, is stopping the administration from using this time to look at this travel ban?" If there's new procedures put in place, put those procedures in place. Rather, it was a pause created to provide the government an opportunity to reassess its vetting procedures.
"The order he blocked was a watered-down version of the first order", Trump said at a rally in March after a judge in Hawaii blocked the second version of the ban.