As
authorities in Britain scrambled to respond to the knife and truck
attacks in the heart of London Saturday night, President Trump’s
immediate response was to publicly demand the courts reinstate his
executive order restricting travel from six largely Muslim nations. “We
need to be smart, vigilant and tough,” tweeted Trump at about 7 p.m.
Eastern Time — before news outlets had been able to confirm any
significant details about the incident. “We need the courts to give us
back our rights. We need the Travel Ban as an extra level of safety!”
The
Justice Department last week asked the Supreme Court to reinstate the
president’s executive order, appealing a lower court’s ruling that
upheld a nationwide block of it.
Throughout
the legal setbacks the Trump administration has faced on the issue is a
consistent theme: judges have pointed to the words of both the
president and his advisors in order to rule that the policy has more to
do with religious animus toward Muslims than protecting national
security.
Central
to the administration’s case has been the claim that the order is not a
ban but rather a temporary change of vetting rules designed to protect
national security. Press secretary Sean Spicer neatly summed up their
case in January, shortly after the chaotic rollout of the original
policy. “It’s not a Muslim ban. It’s not a
travel ban,” said Spicer.
“It’s a vetting system to keep America safe.” The courts have
consistently disagreed, with the administration’s own words coming back
to haunt them time and again. After Trump signed a more
delicately-worded second executive order on the subject in March in an
attempt to resolve the legal troubles of the original ban, a judge in
Hawaii pointed to the words of senior adviser Stephen Miller. In an
interview with Fox News, Miller claimed that while the order had been
tweaked to respond to judges’ issues, “fundamentally you’re still going
to have the same basic policy outcome for the country.”
The American Civil Liberties Union, which has been fighting the immigration order, noted Trump’s word choice:
In its appeal to the Supreme Court to hear the case, the administration
sought to address this by making the same case that its lawyers have
made in the lower courts: that statements the president made as a
candidate, before he took the presidential oath, should not be
considered. “Without campaign materials, the court of appeals’ analysis
collapses,” acting Solicitor General Jeffrey Wall wrote in his high
court request.
But
in his unfiltered response to Saturday’s presumed terrorist incidents
in London, which also featured a retweet — and with it an apparent
presidential endorsement — of unsubstantiated claims from conservative
rumor site Drudge Report, President Trump has once again seemed to
undermine his own administration’s case.
Trump’s
tweet came before any official confirmation that the incidents were a
terror attack, let alone information on the nationalities of the
attackers. It may be hard to argue that the executive order is designed
simply to protect national security against “bad dudes” from a select
group of countries when the president declares a need for the “travel
ban” as a response to actions by people whose nationality he is surely
unaware of.
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