Category: Ignorance of Law

Trump Plans on Banning All Muslims from Entering the United States

In a press release by Donald Trump’s campaign and reiterated in almost every Republican debate:

Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.

Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.

Reality

While Korematsu v. United States has never been challenged and could be a slim avenue for implementation, most legal scholars would deem this bigoted plan unconstitutional. Trump’s proposal would violate the First Amendment’s Religion Clauses, the equality dimension of the Due Process Clause of the Fifth Amendment, and the Constitution’s general prohibition on religious tests outside of the immigration context as it would also conflict with the spirit of the No Religious Test Clause of Article VI.

Links

https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-on-preventing-muslim-immigration

http://www.nbcnews.com/politics/2016-election/law-experts-weigh-donald-trumps-plan-ban-muslims-n476041

Trump Proposes Killing Terrorist Families

In an interview on Fox & Friends the Republican presidential candidate Donald Trump said that he’d like to “take out” the families of terrorists.

“I would knock the hell out of ISIS… [and] when you get these terrorists, you have to take out their families. I say ISIS is our number one threat, we have a president who doesn’t know what he is doing and all he’s worried about is climate change, he thinks climate change is something that’s going to go kill us.”

Reality

All four Geneva Conventions from 1949 contain “Common Article 3,” which applies to “armed conflict not of an international character.” What does that mean? The U.S. Supreme Court, in the 2006 case Hamdan vs. Rumsfeld, ruled that “armed conflict not of an international character” means a war that is not fought against a sovereign state. (A sovereign state simply means a country with a recognized government.) Since groups like ISIS are not considered sovereign states, that means that Common Article 3 applies to the current war on terrorism.

According to Common Article 3, people who are taking no active part in the hostilities “shall in all circumstances be treated humanely… To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever … violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.”

Experts said this language would make Trump’s approach a violation of the Geneva Conventions, assuming that the family members were not taking part in terrorist activities.

Media

Links

http://time.com/4132368/donald-trump-isis-bombing/

http://www.politifact.com/truth-o-meter/statements/2015/dec/17/rand-paul/rand-pauls-right-geneva-conventions-bar-donald-tru/

Trump Mistakes Syrian Refugees for Illegal Immigrants

Twitter

Donald Trump sends anti-refugee tweet, “13 Syrian refugees were caught trying to get into the U.S. through the Southern Border. How many made it? WE NEED THE WALL!”

(h/t Los Angeles Times)

Reality

These were not illegal immigrants trying to evade authorities, instead these were legal asylum seekers following legal asylum protocol.

“To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.”

 

 

Trump Misstates Part of the Iran Deal

In criticizing the Iran deal as one of the “worst contracts” he would have to inherit as president, Trump has also incorrectly said that the agreement includes a stipulation that the United States would have to fight Israel in defense of the Iranians.

But there is a clause in there that people are not even talking about that we’re supposed to essentially come to their defense, the Iranian’s defense, and if Israel attacks, you know, where are we? Well, believe me, that will never happen. But how do they agree to things like this? We have a horrible contract. But we do have a contract.

Reality

The State Department disputed Trump’s characterization of the deal’s Section 10 of Annex III.

“This provision of the [agreement] is designed to help bring Iran’s nuclear security and safety practices in line with those used by other nuclear programs around the world,” said Marie Harf, Secretary of State John Kerry’s senior communications adviser, during a CNN fact check.

“The IAEA provides this kind of training routinely, as it is in the interest of all countries that nuclear material be safeguarded from theft and terrorist attacks — the types of ‘sabotage’ in question. This would be the focus of any such assistance by the P5+1 or other states,” she noted. “Nevertheless, this provision does not commit any country to engage in this kind of routine nuclear security cooperation, and it is absurd to suggest it [commits] anyone to ‘defend’ Iran’s nuclear facilities.”

Links

http://www.politico.eu/article/donald-trumps-11-worst-foreign-policy-gaffes-us-election-syria-mexico-iraq/

http://www.realclearpolitics.com/video/2015/09/04/donald_trump_slams_third_rate_radio_announcer_hugh_hewitt_after_bombing_mideast_quiz.html

Trump: Birthright Babies Not Citizens

Donald Trump said that he doesn’t think people born in the U.S. to undocumented immigrants are American citizens.

The Republican presidential front-runner said in an interview on Fox News:

“I don’t think they have American citizenship and if you speak to some very, very good lawyers — and I know some will disagree — but many of them agree with me and you’re going to find they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell.”

Trump added he would “test it out” in the courts.

Trump has called for the deportation of all undocumented immigrants living in the United States — allowing the “good ones” to return through an expedited legal process.

“What happens is they’re in Mexico, they’re going to have a baby, they move over here for a couple of days, they have the baby — (the lawyers are) saying it’s not going to hold up in court,” Trump said.

Trump announced in his immigration policy proposal that he wants to end birthright citizenship — preventing future undocumented immigrants from giving birth to an American citizen simply by virtue of being born on U.S. soil.

(h/t CNN)

Reality

Most legal scholars will say birthright citizenship is a constitutional right from the 14th Amendment which says:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

Other Republican presidential candidates have joined Trump’s call for ending birthright citizenship, suggested birthright citizenship could be ended by simply passing a law through Congress that defines the clause “and subject to the jurisdiction thereof.”

However Trump so far has taken the extra step of suggesting doing so retroactively and stripping certain Americans of their citizenship.

Media

Trump Believes Auto Workers Make Too Much Money

Donald Trump has something to say to Detroit autoworkers: you make too much money. Talking about U.S. vehicle manufacturers moving production to Mexico in an interview with The Detroit News, Trump said this:

He said U.S. automakers could shift production away from Michigan to communities where autoworkers would make less. “You can go to different parts of the United States and then ultimately you’d do full-circle — you’ll come back to Michigan because those guys are going to want their jobs back even if it is less,” Trump said. “We can do the rotation in the United States — it doesn’t have to be in Mexico.”He said that after Michigan “loses a couple of plants — all of sudden you’ll make good deals in your own area.”

Reality

Trump is, of course, dead wrong about this. The article goes on to say, “Although wages are lower at non-union U.S. plants owned by foreign automakers, hourly employees for Detroit’s Big Three are paid the same no matter what state they’re in, under the terms of United Auto Workers contracts.”

Links

http://www.dailykos.com/story/2015/8/14/1412018/-Donald-Trump-to-Detroit-autoworkers-you-make-too-much-money

http://www.detroitnews.com/story/business/autos/2015/08/12/trump-autos/31589899/

Trump Singles Out Ford Automotive For Tax Increase

Trump said he backs government tax incentives to keep auto production in the United States. He said the U.S. shouldn’t open its market to Japanese imports unless it drops trade barriers.

The United States has lost more than 5 million factory jobs since 2000; Michigan has shed more than one-third of its manufacturing jobs since then. In an appeal to blue-collar workers, Trump vows to keep the more than 12 million manufacturing jobs in the U.S.

“We’ve got to keep (factories) here. It’s not that hard to do,” he said. Without action, he added, “pretty soon all we’re going to have is nursing home jobs.”

Trump has repeatedly said that if elected, he would not allow Ford to open a new plant in Mexico. At his campaign announcement speech in New York in June, Trump said he would call Fields to explain the “bad news.”

“Let me give you the bad news: Every car, every truck and every part manufactured in this plant that comes across the border, we’re going to charge you a 35 percent tax,” Trump said. “They are going to take away thousands of jobs.”

Ford confirmed that Fields sent Trump an email the day after his announcement speech. Spokesman Karl Henkel said: “Mark sent Mr. Trump an email with information about Ford, including the $6.2 billion we have invested in our U.S. plants since 2011 and our hiring of nearly 25,000 U.S. employees. Mr. Trump thanked us for the information and said that Ford is a great company and that he is a Ford customer. We appreciate his kind words.”

Trump said Fields’ email didn’t change his views about the expansion. He called it a “very, very nice letter,” but said it didn’t justify “how it is going to be good for the United States, because that cannot be justified.”

Reality

There is no legal avenue to single out one company for punitive taxes. The highlights Donald Trump’s lack of familiarity with United States laws.

Links

http://www.detroitnews.com/story/business/autos/2015/08/12/trump-autos/31589899/

Trump Fails Knowledge of NAFTA in Campaign Announcement

Donal Trump announces campagin

Describing how he would negotiate with the CEO of an American car company that wanted to relocate to or build a manufacturing plant in Mexico, Trump had an imagined conversation during his June 16 announcement.

“I would call up the head of Ford, who I know,” Trump said, going on to say that he would say, “Congratulations. That’s the good news. Let me give you the bad news. Every car and every truck and every part manufactured in this plant that comes across the border, we’re going to charge you a 35-percent tax, and that tax is going to be paid simultaneously with the transaction, and that’s it.”

Reality

That would, as The Washington Post‘s initial fact check stated, seem to violate the North America Free Trade Agreement (a treaty that Trump has openly disdained). It also does not take into account the fact that only Congress could establish separate tax rates under the Constitution.

Links

http://www.politico.eu/article/donald-trumps-11-worst-foreign-policy-gaffes-us-election-syria-mexico-iraq/

 

Trump Throws Birther Conspiracy at Cruz

Donal Trump questions Ted Cruz’s legitimacy for his candidacy for the Republican nomination in a phone call to Fox News.

“He was born in Canada. If you know and when we all studied our history lessons, you are supposed to be born in this country, so I just don’t know how the courts will rule on this.”

Reality

The Constitution says the candidate must be 35 years of age and a resident of the United States for 14 years. The third qualification: He or she must be a “natural born citizen.”

The Congressional Research Service, the agency tasked with providing authoritative research to all members of Congress, published a report after the 2008 election supporting the thinking that “natural born” citizenship means citizenship held “at birth.”

Ted Cruz is eligible to be President of the United States of America.

Links

http://thehill.com/blogs/ballot-box/236651-trump-cruz-faces-hurdle-for-canadian-birthplace

http://www.politifact.com/truth-o-meter/article/2015/mar/26/ted-cruz-born-canada-eligible-run-president-update/

http://www.fas.org/sgp/crs/misc/R42097.pdf

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