How Trump's Tweets Lost Him His Travel Ban Appeal

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Don’t you love it when you can say “I told you so”? That’s what many legal experts are saying today.

Last week, many speculated that President Donald Trump’s tweets after the London attacks were hastily done and could come back to haunt him in his judicial appeals. In fact, even Kellyanne Conway’s husband warned The Donald that he needed to watch his tweets, as they could be used against the travel ban.

Others, notably some public interest and civil rights groups, welcomed Trump’s tweets. As The Chicago Tribune writes, “the ACLU even tweeted in response that it welcomes Trump's social media presence, as it helps their court cases. Trump's tweets make it easier to argue that his proposed travel ban was intended as discriminatory to Muslims. “

This week, the Ninth Circuit Court of Appeals ruled again that the travel ban was out of President Trump’s authority. In giving its opinion, the court used Trump’s own tweets against him.

Quelle surprise.

OK, so what just happened?

For those who aren’t into all of this legal mumbo-jumbo let me break it down for you — in order for Trump’s executive orders to be valid, he needed to show that he was acting in the interests of national security.


He also needed to show that he had narrowly tailored his executive order to avoid violating the laws that protect certain classes from being discriminated— namely, certain religions. One of these laws is the Establishment Clause of the First Amendment.


Furthermore, in the current ruling, he was called out for the fact that his executive order placed limits on immigration and refugee status, based on someone’s nationality. This is in direct violation of certain immigration laws.

And that’s where his tweets came back to bite him. You see, when he said in his tweets that he wanted the travel ban to protect from certain dangerous countries, he just shot himself in the foot. That was exactly the kind of rhetoric that could be used to show his intent to go afoul the immigration laws.

The next stop for these travel ban cases is the United States Supreme Court. Hopefully, Trump can keep a lid on his tweeting until then. But then again, nobody is able to manage his social media presence and besides, he has tweeted so much on these topics in the past that there’s a treasure trove of evidence already in existence.

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