Legal experts to Trump on travel ban: Twitter hurting cause

Aaron Brown
June 7, 2017

"The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C.", he tweeted on Monday, referring to the executive order now before the Supreme Court.

Trump's tweets have put the U.S. justice department and his aides in a seemingly impossible position: Trying to characterise the executive order as something other than a "travel ban" while the United States president loudly proclaims otherwise to his millions of Twitter followers.

If the Supreme Court agrees to hear the case, the government lawyers defending the order will have an uphill climb to downplay the importance of Trump's tweets, Dorf and Gerhardt agreed.

What a president says and does is news-particularly when a president talks about what he's doing, has done, or plans to do. This "extreme vetting", says Trump, is being done for the safety of the people in the US.

The revised order, issued on March 6 after the first version was blocked by the courts, removed Iraq from the list of targeted countries and eliminated the distinction between Syrians and other refugees.

Conway was in contention to head the civil division of the Justice Department, which would have given him responsibility for defending the travel ban in court. "Perceptions matter", Tisch said at a hospitality conference hosted by New York University. Moreover, one could just as easily infer that upholding the "politically correct" ban would encourage Trump to listen to his lawyers when they urge restraint.

Of course, in President Trump's ideal world, the ban would never have been stopped by the courts.

"We need to be smart, vigilant and tough".

But Johnson said the invitation for Trump's visit has been accepted and he sees "no reason to change that".

In an early morning tweet storm on Monday, June 5, 2017, President Donald Trump called for a travel ban. The media does not want Trump to stop tweeting-his staff does.

"It shows that the ban is a ban, and that's the goal". If there's new procedures put in place, put those procedures in place. According to the petition, Congress and the Supreme Court have agreed that the executive branch has extremely broad discretion to set immigration policies to assure national security.

The majority opinion in the 4th Circuit maintaining the freeze on the ban quoted extensively from Trump's tweets and media interviews, and from those of his advisers.

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"Tweets on legal matters seriously undermine Admin agenda and POTUS-and those who support him, as I do, need to reinforce that pt and not be shy about it", he tweeted. Whether Trump knows it or not, that someone would have to be Donald Trump.

George Conway had been considered for at least two high-ranking Justice Department jobs, including Solicitor General.

"Everything else Executive would normally win will be much, much harder", he added.

The words "travel ban" do not appear in the filing, and the only time the Justice Department uses the phrase "Muslim ban" is to say the executive order was not one.

What Trump said in his presidential tweets on Monday, though, ran counter to what his lawyers have been saying in court.

Ferguson successfully challenged Trump's first executive order, signed during the President's first week in office, limiting travel and immigration from seven Muslim-majority countries.

When he issued the first version of his travel order, on January 27, one week after taking office, opponents called it a thinly disguised effort to enact that religious-based ban on travel.

At the heart of the legal wrangling is whether Trump's proposed ban violates the Constitution by discriminating on the basis of religion.

The administration asked the court to let the ban take effect while the justices decide whether to review a lower court ruling that said the policy was "steeped in animus and directed at a single religious group".

Once it receives the response, the high court could quickly rule on whether to take up the case.

Three Republican attorneys general came from states with Democratic governors: Louisiana, Montana and West Virginia. Then what does he do?

"When you're a lawyer, what you want is your client to stay silent", he said.

Other reports by Free-Prsite

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