This morning Donald Trump tweeted:
LAWFARE: “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.” A disgraceful decision!
— Donald J. Trump (@realDonaldTrump) February 10, 2017
The blog post he quotes, at Benjamwin Wittes’s LAWFARE blog, is here. It does say what Trump says, it’s true:
Remarkably, in the entire opinion, the panel did not bother even to cite this statute, which forms the principal statutory basis for the executive order (see Sections 3(c), 5(c), and 5(d) of the order). That’s a pretty big omission over 29 pages, including several pages devoted to determining the government’s likelihood of success on the merits of the case.
But the post also says that “[t]he Ninth Circuit is correct to leave the TRO in place” — and also says the promulgation of Trump’s executive order was accomplished with “incompetent malevolence.”
Eventually, the court has to confront the clash between a broad delegation of power to the President—a delegation which gives him a lot of authority to do a lot of not-nice stuff to refugees and visa holders—in a context in which judges normally defer to the president, and the incompetent malevolence with which this order was promulgated.
To be fair to Trump, though, that’s the end of a 700-word blog post. So many words! The President is a busy man, and cannot be expected to read the entirety of something he quotes.
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