[U] I Have Read The “New” Executive Order. It Is A Dead Letter. Period.

Well. . . over some delicious miso soup and sashimi, at lunch — it took me all of five minutes to read — and re-read — the “new” order.

The problem 45 faces is. . . simply insurmountable. His own very public statements, along with (notably) those of Rudy Giuliani cannot be washed away. They are powerful evidence of a violation of the First, and Fourteenth, Amendments.Once “rung” — in the poetic language of the Supremes — that bell cannot be “unrung“. Mr. Trump, verbatim, then:

. . . .December 7, 2015: We will have a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on. . . .

That is the evidence — and no amount of lipstick on this pig will. . . suffice.

The “Three Day Condor” predicts this new order will suffer the same fate as the first one. And that will be. . . a victory for our federalized (republic) system of checks and balances, for the US Constitution, for our democracy, and ordered liberty. More than 240 years of US history hangs in the balance here — these are momentous times, indeed. But ones the founders left us well-equipped to address. Thank you, Messrs. Hamilton and Jefferson — and countless others. . . .


UPDATED @ 3:10 PM EST: The administration has already filed papers in at least three federal courts on both coasts, arguing that those courts should let the New Muslim Ban go into effect on March 16, 2017, thus: “Rather, the Order applies only to those who are overseas and without a visa. That grouping presents the highest concern with respect to the adequacy of visa screening procedures, circumstances for which the courts afford “considerable deference to the President’s policy determinations.” Washington, 847 F.3d at 1164. Nor is there any immediate harm presented to that grouping. They do not have visas and do not have an entitlement to one. Indeed, even if there were some legal right, there is no imminent harm from a temporary suspension where visa applicants normally must wait a period of months or longer to apply and/or be issued a visa or travel document if found eligible. See Declaration of Emily Chiang ¶ 13 (ECF No. 8) (“The process of getting a visa for her mother who lives in Iran was long and arduous. It took six months to get an appointment with the embassy. Her appointment was in August and she finally received her visa in early January.”)….

The portion I bolded, above — completely mischaracterizes the existing federal law. The Trump administration cannot change the law, simply by making a false assertion about it. The New Muslim Ban will be a dead letter. [The administration’s ED NY version of the filing (in 17-cv-0480) of this afternoon, may be found here.]

Here endeth my sermon, for this day.


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