Andrew Harnik/AP
President Donald Trump began a week by the fact that the early morning tweets exploding the courts to block his executive order on the ban on travel. But at the same time, he may have just increased the likelihood that the courts will block the ban.
People, lawyers and courts can call this what they want, but I call it what we need, and what it is, a ban on traveling!
– Donald J. Trump (@realdonaldtrump) June 5, 2017
The Department of Justice was supposed to remain with the initial ban on travel, and not with the political correct version, which they presented in SC
– Donald J. Trump (@realdonaldtrump) June 5, 2017
The Department of Justice should ask for an accelerated hearing about the decomposed ban on traveling to the Supreme Court – and look for a much more tough version!
– Donald J. Trump (@realdonaldtrump) June 5, 2017
In any case, we extremely check the people who come to the United States to help ensure the security of our country. The courts are slow and political!
– Donald J. Trump (@realdonaldtrump) June 5, 2017
These tweets followed a few weekends during the weekend about the ban and a terrorist attack in London, including from Saturday evening:
We must be smart, vigilant and hard. We need courts to return our rights to us. We need a ban on travel as an additional level of security!
– Donald J. Trump (@realdonaldtrump) June 3, 2017
In January, Trump signed an order to ban citizens from seven Muslim countries to enter the United States for 90 days, as well as stopping the refugee resettlement program for 120 days (and for an indefinite period for Syrian refugees). When the courts blocked him, and not the appeal in the Supreme Court, Trump signed a modified version of the decision. New prohibition He canceled the old one, reduced the number of prohibited countries from seven to six and added exceptions and refusals. Nevertheless, the federal courts in Maryland and Hawaii blocked him, and now the Ministry of Justice rang the Supreme Court with a request to restore this second version of the ban.
The largest question in the trial about the ban is whether to focus on ships exclusively on the text of the order or also consider Trump's comments from the campaign and even during his presidency to determine whether the order uses national security as a preposition for the ban on Muslims from the country. Presidential lawyers claim that the courts should focus on the text of the order and pay tribute to the president’s authorities over national security. Trump Trump on Monday morning and on the weekend makes it difficult to justify this.
It is assumed that the ban on traveling is a temporary protection tool until the government can revise its verification procedures. But Trump's tweets make it seem to seem that the ban itself is its goal. Trump repeatedly and defiantly uses the word “ban” when his administration instead sought to call it a pause.
The tweets “undermine the best argument of the government – that the courts should not look beyond the limits of the four corners of the executive order itself,” says Stephen Vlade, an expert on national security and constitutional law at the Law School of the University of Texas by e -mail. “Do you have a candidate’s candidate’s statements or not (the moment when reasonable people will probably continue to disagree), the more President Trump says that although the trial continues to strive to assume that the order is an excuse, the more difficult it is to convince the sympathetic judges and the judges that only the text of the order matters.” And as soon as the courts begin to consider the presidential statements, it is easy to find those that raise questions about anti -Muslim motives.
Even the presidential allies admit that his tweets are a problem. George Conway, husband of the highest adviser to Trump Kellianne Conway, answered In order for Trump on Twitter, indicating that the work of the General Solisitor Management, which protects the ban on trips in court, is becoming increasingly difficult.
These tweets can make some people feel better, but they, of course, will not help OSG get 5 votes in Scotus, which actually matters. Sad https://t.co/zvhcyfm8hr
– George Conway (@gtconway3d) June 5, 2017
Conway, who recently withdrew his name from consideration to the post in the Ministry of Justice, then followed to clarify his position.
2) … And, of course, my wonderful wife. That's why I said what he said this morning. Every reasonable lawyer in Whco and every political …
– George Conway (@gtconway3d) June 5, 2017
3) … The appointed person in Doj WD agrees with me (as some have already told me). Pt cannot be emphasized enough for tweets on legal issues …
– George Conway (@gtconway3d) June 5, 2017
4) … seriously undermine the agenda of the administrator and Potus – and those who support him, like me, must strengthen this PT and not be shy about it.
– George Conway (@gtconway3d) June 5, 2017
Trump can soon see his tweets used against him in court. Omar Jadvat, ACLU lawyer, who spoke about the case in the Court of Appeal of the 4th District, said A Washington Post This morning, when the ACLU team is considering the possibility of adding Tvitov Trump to their arguments to the Supreme Court. “The tweets really undermine the actual narrative, which the presidential lawyers tried to nominate, which, regardless of what the president actually said in the past, the second ban is a kosher MailField
