Trump’s Ban on Muslims Executive Order Violated Executive Order About Executive Orders


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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.

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8 thoughts on “Trump’s Ban on Muslims Executive Order Violated Executive Order About Executive Orders

  1. Tweety says:

    “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.”

  2. Blowback says:

    “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

  3. CAPS says:

    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

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