One of Trump's Tweets Just Helped Sabotage His Travel Ban

One of Trump's Tweets Just Helped Sabotage His Travel Ban

The judges largely affirmed U.S. District Court Judge Derrick Watson's decision from March which found the core provisions of the revised executive order - temporarily blocking all refugees and foreign nationals from six Muslim-majority countries from entering the U.S. - likely violated the Constitution because its primary goal was to disfavor Muslims but on slightly different grounds.

Monday, U.S. Attorney General Jeff Sessions did likewise, saying he was "amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and constitutional power". However, many judges who gave judgment against the travel ban took into consideration the comments made by the US President during his election campaign, when he promised a total and complete closure of the entry of Muslims to the United States.

The ruling from a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said the president violated U.S. immigration law by discriminating against people based on their nationality and by failing to demonstrate that their entry into the country would hurt American interests.

The juries also cited Sean Spicer White House press secretary's statement that said tweets by Trump are "considered official statements by the President of the United States".

Trump tweeted on June 5, "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!"

The Trump administration has asked the Supreme Court to immediately reinstate its ban on travelers from six mostly Muslim countries, saying the US will be safer if the policy is put in place. The White House said it is confident the high court will uphold Trump's executive order.

"In short, the order does not provide a rationale explaining why permitting entry of nationals from the six designated countries under current protocols would be detrimental to the interests of the United States", the ruling said. "The president, in issuing the executive order, exceeded the scope of the authority delegated to him by Congress".

Hawaii's court papers mentioned a series of Twitter posts that Trump wrote on June 5, after the administration sought Supreme Court intervention.

The three judge panel acknowledged the president's ability to oversee immigration policy, but noted in their opinion that "immigration, even for the president, is not a one-person show". The 4th Circuit's ruling took that question head-on, agreeing that the ban officially disfavored Islam - as evidenced by Trump's campaign statements calling for a "total and complete shutdown" on Muslims entering the USA - and was thus unconstitutional.

In his March ruling striking down the travel ban, a federal judge in Hawaii also held that the suspension of the refugee program was unconstitutional. If he had not done so, the order may not violate the Constitution, the lawyers said.

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