Travel ban critics say Trump is hurting his case

by Abel Hampton June 7, 2017, 12:01

Two advisers to President Donald Trump attacked morning show hosts for covering the president's tweets after he issued a series of statements pushing his "travel ban", an executive order banning USA entry for individuals from six majority Muslim nations.

In a series of notes on Twitter Monday morning, President Trump discussed his Administration's pending appeal at the Supreme Court, an appeal in which Justice Department lawyers are trying to defend his March 6 executive order putting new limits on immigration, especially from the Mideast.

"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.

"The Justice Dept. should ask for an expedited hearing of the watered down Travel Ban before the Supreme Court - & seek much tougher version!"

George Conway, who is married a top adviser to the president, tweeted that President Donald Trump's tweets about his administration's travel ban hurts his case in court.

In an early morning tweet storm on Monday, June 5, 2017, President Donald Trump called for a travel ban.

Fifty-two percent (52%) of US voters say the executive order aims to keep out terrorists, not discriminate against Muslims.

But "extreme vetting" is what's now in place, says Trump in yet another Monday tweet, saying the courts are slow and political.

Speedy action was needed precisely to allow the government to develop new vetting procedures for people seeking to enter the US, the lawyers said.

Lawyers for the government have said the president wants to protect the country from potential acts of terrorism and is not seeking to discriminate against Muslims.

Hoping to shore up the order's legal underpinnings, both the White House and Trump's Homeland Security chief have insisted it's not actually a "travel ban", criticizing reporters for mischaracterizing it.

Lawyers, well aware that handling a complex legal case is not for amateurs, have long believed in an old saying (more colorful than this) that clients who represent themselves take real risks.

Though majority of the world saw it as a vendetta against the Muslim world, Trump said it wasn't about a particular religion and was done in accordance with a list prepared by the Obama government in 2011.

Those lawyers are to file answering briefs in the Supreme Court next Monday. That too was struck down, and Trump is now appealing to the Supreme Court.

"Trump's lawyers will likely have to explain what he means by calling the second travel ban politically correct compared to the first", said Micah Schwartzman, a professor at the University of Virginia School of Law.

Thomas Morgan, an ethics professor at George Washington, also said in an email that the Justice Department's ethical responsibility "is to argue the authority of any president to do what this one did, not to get bogged down in the content of the current president's Twitter posts".

And Trump reiterated his support for the proposed ban, one of the signature policies of his first few months. Trump clearly thinks he can outpoliticize the courts, who won't tweet back at him. "He cares that we call it national security". "But if he loses the case, he can always blame the judges for anything bad that happens", Dellinger said.

Even with Trump's tweets giving an apparent advantage to the groups challenging Trump's executive order going forward, Gerhardt said they will have to be careful about how much emphasis they put on the statements over other aspects of the case.

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