Published by The Lawfare Institute
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I’m starting to believe that either Donald Trump wants courts to strike down the Immigration Executive order, or that his White House Counsel is incompetent or ineffectual.
The Immigration EO has a surprisingly strong basis in law but was issued in haste, without proper interagency coordination, without proper notice, without adequate consideration of its implications, and with a media strategy, if it was that, that suggested that the EO was motivated by discrimination against Muslims. These factors combined with the subject matter and scope of the EO to alarm many people and to invite a fierce initial legal reaction from civil society groups, states, and judges across the country.
In the face of the initial legal setbacks, Trump at 5:12 a.m. on Saturday tweeted:
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!— Donald J. Trump (@realDonaldTrump) February 4, 2017