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Critics say Trump tweets may undercut legal case

07 June 2017, 10:52 | Silvia Roy

Critics say Trump tweets may undercut legal case

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The host followed up with another Trump tweet: "The Justice Department should have stayed with the original Travel Ban, not the water down, politically correct version they submitted to S.C". Just as Trump's Justice Department is arguing the ban doesn't target Muslims, legal experts said the president seems to be suggesting the opposite.

Neal Katyal, a former acting USA solicitor general and the lead attorney representing challengers in a case from Hawaii, weighed in on Twitter that Trump's actions were working in favor of Katyal's case. "When we use words like travel ban, that misrepresents what it is", Spicer said during a 31 January press briefing.

When that initial ban became tied up in the courts, the Trump administration chose to issue a revised executive order.

The appeals court had found that the plaintiffs in the case were likely to succeed at trial in showing that the policy violates USA constitutional prohibitions on religious discrimination.

In the aftermath of the London terror attack, Trump retorted once again to the USA courts for blocking his attempted travel ban against people from six Muslim-majority countries.

Critics suing the government, including states and civil rights groups, say there is little national security justification for the move and the ban is discriminatory against Muslims.

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After weeks of vowing to take the case to the Supreme Court, Trump backed away in March, issuing a revised version of the travel order that retreated from numerous controversial parts of the first version. They have argued strenuously against giving any weight to what he said as a candidate - such as his repeated calls back then for a "Muslim ban".

President Donald Trump on Monday derided the revised travel ban as a "watered down" version of the first and criticized his own Justice Department's handling of the case - potentially hurting the administration's defense of the ban as the legal battle over it reaches a critical new stage. He urged the Justice Department, which he oversees, to seek a "much tougher version" of the order.

But the following morning, Trump got onto Twitter and said he had an "absolute right" to share information about "terrorism and airline flight safety".

A public policy analyst and constitutional attorney believes President Trump's travel ban will ultimately come before the U.S. Supreme Court - and that the high court will come down on the side of the president.

He pounded the point home Monday night, tweeting, "That's right, we need a TRAVEL BAN for certain risky countries, not some politically correct term that won't help us protect our people!" White House spokeswoman Sarah Huckabee Sanders said the president was "not at all" concerned that his tweets might muddy the legal case, and his attention was instead on the substance of his executive order.

White House adviser Kellyanne Conway's husband said on Twitter that Trump's comments won't help the U.S. Justice Department defend the order as the court determines whether it complies with the U.S. Constitution. Katyal said in a tweeted response to Trump's posts on Monday. Trump posted in reaction to the weekend terror attack in London. That Twitter is the authentic Trump, the one not lawyered up and filtered down. George Conway, a prominent NY lawyer who was considered for two top Justice Department posts and is the husband of White House adviser Kellyanne Conway, took to Twitter to say that Trump's words "won't help" the solicitor general win five votes at the high court.

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In an interview with Business Insider, Dershowitz said Trump's resistance to the entreaties of even his own lawyers happens "over and over again with clients". Conway said the outcome at the high court "is what actually matters".

Trump had earlier brewed a storm and invited scathing criticism when he first came up with the idea, during his presidential campaign previous year.

But that argument could be hard, especially with numerous past cases where courts used comments from politicians to judge the intent of a piece of legislation.

The Supreme Court is expected to decide in a few weeks whether to hear the government's appeal of that 4th Circuit ruling, perhaps in the fall, and also whether to allow Trump's order to take effect in the meantime.

The executive order banned new visas from being issued to people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days and also sought to halt issuances of new refugee admissions from around the world for 120 days.

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