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❝ There’s not a lot that’s funny about President Trump’s January 27 executive order temporarily banning immigrants and refugees from seven majority Muslim countries.
But you have to admit this is a little funny: Trump’s executive order appears to brazenly violate another executive order about how the government should issue executive orders…
❝ Presidential executive orders have ranged in history from piddling (giving the executive branch workforce a half day on Christmas Eve) to monumental (the Emancipation Proclamation). Somewhere nearer the piddling end of the spectrum is Executive Order 11030, signed by President Kennedy in 1962 and titled “Preparation, presentation, filing, and publication of Executive orders and proclamations.”…
❝ Trump’s violation of 11030 goes way beyond improper margins, however. Section 2 begins, “A proposed Executive order or proclamation shall first be submitted … to the Director of the Office of Management and Budget,” which is part of the White House. If the director of the OMB approves the executive order, it goes to the Justice Department and then to the president.
But there’s no sign Trump’s immigration executive order was routed through the OMB at the start, and lots of evidence it wasn’t.
❝ We know the Justice Department’s Office of Legal Counsel received Trump’s executive order, because it sent a memo back to the White House approving it on January 27…
Asked whether it had been receiving draft executive orders from the OMB, a Justice Department spokesperson responded: “We’ll decline and defer to OMB on that question.”
No one at the Office of Management and Budget responded at all to repeated inquiries about whether it was first office to receive Trump’s draft executive orders. The regular White House press office also did not respond…
❝ Its main significance is just as another sign that the Trump administration has no interest in being minimally competent.
Like pretty much everything Trump does. Before – and since he became so-called president.
“The ACLU lawsuit (Al-Mowafak et al v. Trump et al), joins an ever-growing list of cases filed in various federal courts around the country that challenge the legality of the executive order. The lawsuit was filed on Thursday on behalf of a number of California students affected by the order.
What makes the ACLU proposed class action lawsuit remarkable is its creative use of President Donald Trump’s tweets against him. The lawsuit points to specific instances in which the president described the executive order as a “ban” on Muslims.” https://arstechnica.com/tech-policy/2017/02/prof-can-you-sue-the-president-based-on-his-tweets-were-about-to-find-out/
See also ACLU re: Al-Mowafak et al v. Trump et al @ https://www.aclunc.org/our-work/legal-docket/al-mowafak-v-trump-muslim-ban “The federal government has made it clear that it intends to favor Christian immigrants over Muslims in making decisions about who to refuse entry, detain, interrogate, and/or deport. As such, the Executive Order violates the First Amendment, the equal-protection and due process rights granted under the Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act.”
Trump’s immigration ban faces new legal hurdle on Monday http://www.reuters.com/article/us-usa-trump-immigration-idUSKBN15L0GC The government has a deadline to justify the executive order temporarily barring entry to the United States of people from seven Muslim-majority countries and halting the U.S. refugee program. A federal judge in Seattle suspended the order on Friday, opening a window for travelers from the seven countries to enter.
The government now has until 3 p.m. PST (2300 GMT) on Monday to submit additional legal briefs to the 9th U.S. Circuit Court of Appeals in San Francisco in support of Trump’s order. The court is expected to act quickly, and a decision either way may ultimately result in the case reaching the U.S. Supreme Court.
A federal appeals court will hear arguments Tuesday at 6 p.m. Eastern on whether to restore President Trump’s controversial immigration order, which a lower court judge has temporarily put on hold. https://www.washingtonpost.com/world/national-security/opposition-to-trump-travel-ban-grows-as-key-court-decision-looms/2017/02/06/d766ec7c-ec74-11e6-9662-6eedf1627882_story.html The scheduling of the hearing came as Justice Department lawyers on Monday made what is likely their final pitch to a federal appeals court to immediately restore President Trump’s controversial immigration order, while tech companies, law professors and former high-ranking national security officials joined a mushrooming legal campaign to keep the measure suspended.
Trump considers writing ‘brand new’ immigration order https://www.washingtonpost.com/world/national-security/white-house-considers-rewriting-trumps-immigration-order/2017/02/10/ddcf5a6a-efb5-11e6-b4ff-ac2cf509efe5_story.html Trump told reporters aboard Air Force One that he would probably wait until Monday or Tuesday to take any action, and White House Chief of Staff Reince Priebus said several options — including taking the case to the Supreme Court — were still on the table. Trump hinted that the ongoing legal wrangling might move too slowly for his taste, though he thought he would ultimately prevail in court. “We will win that battle,” he said. “The unfortunate part is that it takes time statutorily, but we will win that battle. We also have a lot of other options, including just filing a brand-new order.”
He said among the revisions he might make are “new security measures.”
“We’ll be doing something very rapidly having to do with additional security for our country,” Trump said during a joint press conference with Japanese Prime Minister Shinzo Abe. “You’ll see something next week.” http://thehill.com/homenews/administration/318973-trump-officials-scramble-after-travel-ban-defeat (includes video)
Create your own Trump-signed executive order with online generator @ http://hepwori.github.io/execorder/
“Study finds troubling consequences for anti-Muslim and anti-Mexican attitudes and actions : When Muslims and Mexican immigrants feel dehumanized by Americans, they are more likely to exhibit hostile responses, including support for violent over nonviolent collective action and unwillingness to assist counterterrorism efforts” (University of Pennsylvania) https://www.eurekalert.org/pub_releases/2017-02/uop-sft020617.php “The President’s recent Executive Order is attempting to close U.S. borders to citizens of seven Muslim-majority countries, with the rationale that it would make Americans safer against the threat of terrorism. But new research from the University of Pennsylvania and Northwestern provides evidence that this action may do just the opposite.
The study, “Backlash: The Politics and Real-World Consequences of Minority Group Dehumanization,” looked at Americans’ dehumanization of Muslims and Mexican immigrants during the 2016 U.S. Republican Primaries, and the consequence that feeling dehumanized had on these minority groups.” The study was published in the journal Personality and Social Psychology Bulletin. http://journals.sagepub.com/doi/full/10.1177/0146167216675334
A federal appeals court ruled today in a unanimous 3-0 decision that the U.S. will remain open to refugees and visa holders from seven Muslim-majority countries, rejecting a bid by the Trump administration to reinstate a travel ban in the name of national security. https://www.bloomberg.com/politics/articles/2017-02-09/appeals-court-keeps-u-s-doors-open-during-immigration-fight See also https://assets.documentcloud.org/documents/3457898/2-9-17-9th-Circuit-Order.pdf
The President of the United States of America responds:
Donald J. Trump @realDonaldTrump SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE! 4:35 PM – 9 Feb 2017 https://twitter.com/realDonaldTrump/status/829836231802515457
“Trump seizes on omission in court’s travel ban ruling, plots next move” (Fox News) http://www.foxnews.com/politics/2017/02/10/trump-seizes-on-omission-in-courts-travel-ban-ruling-plots-next-move.html Donald J. Trump @realDonaldTrump LAWFARE: “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.” A disgraceful decision! 6:15 AM – 10 Feb 2017 Read the court order http://www.foxnews.com/politics/2017/02/10/washington-v-trump-court-ruling.html
“Eventually, the court has to confront the clash between a broad delegation of power to the President—a delegation which gives him a lot of authority to do a lot of not-nice stuff to refugees and visa holders—in a context in which judges normally defer to the president, and the incompetent malevolence with which this order was promulgated.” (Brookings fellow and Lawfare editor-in-chief Benjamin Wittes) https://www.lawfareblog.com/
“Trump Just Killed His Own Muslim Ban With One Crazy Screwed Up Tweet : The ACLU pounced after Trump screwed up and destroyed his own administration’s argument that the Muslim ban is not a ban.” (June 3rd, 2017) http://www.politicususa.com/2017/06/03/trump-screws-admits-executive-order-muslim-ban.html
“Prominent Republican attorneys are staging what amounts to an unprecedented public intervention against President Donald Trump, warning that his tweeting habit was doing serious harm to his bid to preserve his travel ban policy at the Supreme Court—and could be inflicting more widespread damage on his administration’s ability to carry out his agenda.
The outpouring of criticism was triggered by a flurry of tweets Trump sent early Monday, attacking the Justice Department’s legal strategy, dismissing his own revised travel ban order as a “watered down, politically correct” version of what he originally set out to do, and blasting as “political” the court rulings against him on the subject.” http://www.politico.com/story/2017/06/05/trump-tweets-republican-lawyers-backlash-239148
“This White House is creating more jobs for criminal defense lawyers in Washington than it will ever create for steel workers in Pittsburgh” (Richard W. Painter, Prof. of law at the University of MN, vice chairman of CREW and chief White House ethics lawyer for Pres. George W. Bush 2005~2007) https://twitter.com/RWPUSA/status/870458140050980867