Critics say Trump tweets may undercut legal case

TUESDAY FEB. 15 2016

Or should the arguments focus exclusively on the text of the ban and ignore remarks Trump had made about it on Twitter and at his campaign rallies during the 2016 race, as government lawyers have contended? He assailed the Justice Department for a revised version of the measure that he called "watered down" and "politically correct".

US President Trump had on Monday urged for a "much tougher version" of his travel ban.

If the Supreme Court agrees to take up the government's appeal, it will be the task of Acting Solicitor General Jeffrey B. Wall to defend the President and - if asked about Monday's tweets - to fashion a benign explanation.

Trump's campaign once included a call to ban all Muslims from entering the United States, a policy that was later changed to advocating "extreme vetting" for people from countries with a link to terrorism.

The states also said courts should be wary of extending the full array of constitutional rights, including entry to the USA, to foreigners living outside the country.

Asked Monday whether the Trump team was concerned about the tweets tainting the case, Deputy Press Secretary Sarah Huckabee Sanders said "not at all".

The Wall Street Journal notes, "Had the White House done such legal due diligence in the first place, the travel ban might not have become a political bonfire - not least because the President enjoys wide constitutional and statutory discretion over immigration and national security".

Just 10 days into the Oval Office and the US President signed an executive order placing a travel ban into America for citizens from seven countries.

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Some constructive criticism (again) for the president: Yes, Twitter helps him reach his base, and it's very likely most grassroots folks see this as Trump speaking truth to corruption.

The courts in January halted Trump's initial order, which banned travel from seven majority-Muslim countries and indefinitely halted entry for Syrian refugees.

Those who oppose the travel ban said Trump's Tweetstorm, ironically, helps their case.

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". Once it receives the response the high court could quickly rule on whether to take up the case.

"When you're a lawyer, what you want is your client to stay silent", he said. The Justice Department declined to comment.

Fox has not said whether he supports the travel ban as good immigration or national security policy.

But on Monday, Trump confirmed on Twitter that it is a ban and "not some politically correct term that won't help us protect our people". "We need the Travel Ban as an extra level of safety!" The narrower would temporarily halt entry to the USA from Iran, Libya, Somalia, Sudan, Syria and Yemen.

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