Monday, May 8, 2017

"Travel Ban ‘Could Be Constitutional’ if Enacted by Hillary Clinton"

Via Drudge:  ACLU Lawyer Omar Jadwat, arguing against President Trump’s travel ban before the Fourth Circuit Court of Appeals on Monday, admitted that the same exact travel ban “could be” constitutional if it were enacted by Hillary Clinton.
Jadwat argued that Trump’s campaign animus motivated the order, making it illegitimate. This claim was challenged by the Fourth Circuit’s Judge Paul Niemeyer.

“If a different candidate had won the election and then issued this order, I gather you wouldn’t have any problem with that?” Niemeyer asked.

Jadwat dodged on directly answering the question at first, but Niemeyer persisted, asking the question again.

Jadwat again tried to avoid the question, asking for clarification on the hypothetical, but Niemeyer once again demanded an answer.

“We have a candidate who won the presidency, some candidate other than President Trump won the presidency and then chose to issue this particular order, with whatever counsel he took,” Niemeyer said. “Do I understand that just in that circumstance, the executive order should be honored?”

“Yes, your honor, I think in that case, it could be constitutional,” Jadwat admitted.

Jadwat also denied that presidents’ actions should be nullified by campaign statements, despite the fact that his entire argument seemed to rest on that claim.
Could this be more evidence supporting this claim?...  Is Trump hatred warping the judiciary?


chickelit said...

What kind of dimwit is this Jadwat?

Oh, ACLU. At least they made a lukewarm statement about the Berkeley Free Speech debacle. I'll bet they were coerced into it.

chickelit said...

Hell, conspiracy to conceal government documents -- not to mention her and Bill's pay-to-play shenanigans were all Constitutional as well had Hillary been elected. The great news is that the more time passes, the more it looks like the DNC will trot her out again. This time it's really her turn.

edutcher said...

As they used to say, THE loophole.

Leland said...

Well the law, the Trump EO is enforcing, was signed by Obama, and that law was not considered unconstitutional. I suspect that was likely mentioned earlier before the direct question.

chickelit said...

Question for edutcher: Who in American political history holds the record for most failed attempts at the Presidency (with the stipulation that they never succeeded)?

chickelit said...

I guess I'd stipulate that they were a major party candidate as well as there are many perennial nobodies on the ballot.

AllenS said...

chick, Harold Stassen, a Minnesotan.

edutcher said...

I think William Jennings Bryan, who gave the Democrat party its Liberal facade and Socialist underpinning, would be a close second to anybody who saw "Inherit The Wind".