{"id":12279,"date":"2017-06-12T17:06:57","date_gmt":"2017-06-12T21:06:57","guid":{"rendered":"http:\/\/www.mathewingram.com\/work\/?p=12279"},"modified":"2017-06-12T17:06:57","modified_gmt":"2017-06-12T21:06:57","slug":"trumps-own-tweets-help-kill-his-governments-travel-ban-again","status":"publish","type":"post","link":"https:\/\/mathewingram.com\/work\/2017\/06\/12\/trumps-own-tweets-help-kill-his-governments-travel-ban-again\/","title":{"rendered":"Trump&#8217;s Own Tweets Help Kill His Government&#8217;s Travel Ban, Again"},"content":{"rendered":"<p>As a number of legal experts warned they might, Donald Trump&#8217;s tweets about his &#8220;travel ban&#8221; helped convince an appeals court to block the controversial order. It&#8217;s the second time his own comments have helped the courts knock down the proposed legislation.<\/p>\n<p>The 9th Circuit Court of Appeals <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2017\/06\/12\/17-15589.pdf\">issued a decision<\/a> on Monday, ruling that the Trump&#8217;s attempt to block immigration from six predominantly Muslim countries &#8220;exceeded the scope of the authority delegated to him by Congress.&#8221;<\/p>\n<p>In their ruling, the judges cited a tweet from the president that was posted after the recent terrorist attack in London, in which Trump <a href=\"https:\/\/twitter.com\/realDonaldTrump\/status\/871899511525961728\">argued that<\/a> the U.S. needed a travel ban &#8220;for certain dangerous countries.&#8221;<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"525\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">President Trump\u2019s tweets continue to be cited in court decisions. This from the 9th circuit just now: <a href=\"https:\/\/t.co\/4qN3thefAq\">pic.twitter.com\/4qN3thefAq<\/a><\/p>\n<p>&mdash; Matt Viser (@mviser) <a href=\"https:\/\/twitter.com\/mviser\/status\/874316740544667648?ref_src=twsrc%5Etfw\">June 12, 2017<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>The Trump tweet was cited in a footnote in the decision, at a point where the court was questioning the justification for the ban.<\/p>\n<p>&#8220;The Order seeks to ban people from specific countries, but it does not provide any link between an individual\u2019s nationality and their propensity to commit terrorism or their inherent dangerousness,&#8221; <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2017\/06\/12\/17-15589.pdf\">the judges said<\/a>. &#8220;In short, the Order does not provide a rationale explaining why permitting entry of nationals from the six designated countries&#8230; would be detrimental.&#8221;<\/p>\n<p>The court also noted that press secretary Sean Spicer <a href=\"http:\/\/time.com\/4808270\/sean-spicer-donald-trump-twitter-statements\/?iid=sr-link1\">recently confirmed that<\/a> Trump sees his tweets as official statements from the president of the United States, and therefore they should have the same effect as a statement from the Oval Office.<\/p>\n<p>Immediately after the president posted his thoughts on the travel ban in the wake of the London attacks, a number of people <a href=\"http:\/\/www.politico.com\/story\/2017\/06\/05\/trump-tweets-republican-lawyers-backlash-239148\">were quick to respond<\/a> that this was probably unwise, given the fact that the immigration order was still before the courts.<\/p>\n<p>The American Civil Liberties Union, for example, <a href=\"https:\/\/twitter.com\/ACLU\/status\/871905456788209666\">warned in a tweet that<\/a> it was planning to use Trump&#8217;s tweets as evidence in its ongoing fight against the order.<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"525\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Another receipt to save for when we see you in court. <a href=\"https:\/\/t.co\/7WMe0XMkrS\">https:\/\/t.co\/7WMe0XMkrS<\/a><\/p>\n<p>&mdash; ACLU (@ACLU) <a href=\"https:\/\/twitter.com\/ACLU\/status\/871905456788209666?ref_src=twsrc%5Etfw\">June 6, 2017<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>Even someone fairly close to Trump &#8212; George Conway, a New York lawyer and husband of Trump adviser Kellyanne Conway &#8212; <a href=\"https:\/\/twitter.com\/gtconway3d\/status\/871746245630590980\">suggested that<\/a> posting such a comment was unwise. &#8220;These tweets may make some ppl feel better, but they certainly won&#8217;t help OSG get 5 votes in SCOTUS, which is what actually matters. Sad.&#8221;<\/p>\n<p>Conway went on to say that he was a big supporter of Trump and of the immigration ban, but <a href=\"https:\/\/twitter.com\/gtconway3d\/status\/871779768697585664\">added that<\/a> tweets on legal matters &#8220;seriously undermine Admin agenda and POTUS.&#8221;<\/p>\n<p>To make matters worse, Trump didn&#8217;t stop at one tweet about the ban (which his own administration had argued vociferously was not actually a ban, and shouldn&#8217;t be referred to with that term). The president <a href=\"https:\/\/twitter.com\/realDonaldTrump\/status\/871675245043888128\">said that<\/a> he supported his original order, not the &#8220;watered down, politically correct version&#8221; that his own advisers had convinced him to sign.<\/p>\n<p>That earlier version of the law was struck down by two lower courts because it was targeted at Muslims, and blocking travel based on a person&#8217;s religion is unconstitutional.<\/p>\n<p>&#8220;I think he shot himself in the legal foot,&#8221; Cornell Law School immigration professor Stephen Yale-Loehr <a href=\"http:\/\/time.com\/4805973\/travel-ban-supreme-court-donald-trump-tweets\/\">said of<\/a> Trump&#8217;s comments about his preference for the original version of the ban.<\/p>\n<p>One would think that the Trump administration or the president himself might be more careful with posts on Twitter about a legal case, since this isn&#8217;t the first time that his tweets have been used against him in a court decision blocking his immigration order.<\/p>\n<p>A lower court in Hawaii that blocked the most recent version of the order, in the case that led to the current ruling by the court of appeal, <a href=\"https:\/\/www.wired.com\/2017\/03\/blocked-immigration-ban-proves-trumps-tweets-will-haunt-presidency\/\">also cited<\/a> tweets from the president, as did <a href=\"http:\/\/fortune.com\/2017\/02\/10\/donald-trump-appeals-court-tweets-travel-ban\/\">an earlier<\/a> 9th Circuit decision on the previous version of the ban.<\/p>\n<div class=\"syndication-links\"><\/div>","protected":false},"excerpt":{"rendered":"<p>As a number of legal experts warned they might, Donald Trump&#8217;s tweets about his &#8220;travel ban&#8221; helped convince an appeals court to block the controversial order. It&#8217;s the second time his own comments have helped the courts knock down the proposed legislation. The 9th Circuit Court of Appeals issued a decision on Monday, ruling that &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/mathewingram.com\/work\/2017\/06\/12\/trumps-own-tweets-help-kill-his-governments-travel-ban-again\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Trump&#8217;s Own Tweets Help Kill His Government&#8217;s Travel Ban, Again&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crsspst_to_mathewingramblogwordpresscom":false,"mf2_syndication":[],"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-12279","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/posts\/12279","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/comments?post=12279"}],"version-history":[{"count":0,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/posts\/12279\/revisions"}],"wp:attachment":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/media?parent=12279"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/categories?post=12279"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/tags?post=12279"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}