Amazing tweet from the so-called President that will probably fly under the radar because it’s not terribly sexy.
LAWFARE: “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.” A disgraceful decision!
I had to go searching for this comment but found it partway through this article.
https://www.lawfareblog.com/how-read-and-how-not-read-todays-9th-circuit-opinion
Here’s the full paragraph.
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©, 5©, 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.
First off, I’d love to know if the completely unnecessary “(the)” was in the original published article and then edited out, or if Trump added it himself. Unimportant but pretty funny if Trump added it. But more importantly, Trump didn’t bother to quote any of the rest of the article, such as
The Ninth Circuit is correct to leave the TRO in place, in my view, for the simple reason that there is no cause to plunge the country into turmoil again while the courts address the merits of these matters over the next few weeks.
Or
But it’s worth emphasizing that the grounds on which this order was fought are not the grounds on which the merits fight will happen. 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.
“Incompetent malevolence” seems like it sums up the administration perfectly so far.