Tag: Lawfare Blog

Trump Quotes Critical Blog to Attack 9th Circuit Judges Over His Muslim Ban

President Trump on Friday morning ripped into an appeals court’s decision to uphold a temporary restraining order on his immigration executive order, calling it “disgraceful.”

Citing a legal blog called Lawfare, Trump tweeted: “LAWFARE: ‘Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.’ A disgraceful decision!”

The blog post on Lawfare that Trump quoted, while critical of the 9th U.S. Circuit Court of Appeals reasoning, said the court made the right decision in the end.

“The Ninth Circuit is correct to leave the [temporary restraining order] 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,” the post says.

It adds that the judicial system will eventually have to confront the clash between the president’s powers and “the incompetent malevolence with which this order was promulgated.”

Trump’s tweet came moments after MSNBC’s “Morning Joe” quoted the exact same passage from Lawfare’s blog post on TV.

Benjamin Wittes, the blog post’s author, reacted in Twitter, writing: “You decide whether the POTUS is quoting me in context. Here’s the article. For the record, I support the decision.”

The court ruled Thursday that a nationwide restraining order against Trump’s temporary travel ban may continue while a federal judge considers a lawsuit over the policy.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” the court said.

The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.

The decision is narrowly focused on the question of whether the ban should be blocked while the courts consider its lawfulness — but the three-judge panel nevertheless issued a scathing takedown of almost all of the government’s arguments.

Trump immediately fired back on the ruling, tweeting: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”