The Constitutional Crisis Thread

[_Kevin Graham]

The news is reporting that people complaining at the airports are sarcastically being told to "talk to Mr. Trump" by the Customs agents.

[_EAllusion]

The news is reporting that people complaining at the airports are sarcastically being told to "talk to Mr. Trump" by the Customs agents.

Yeah, that's been going on for a while.

There's also a lot of sporadic reporting of the two following things:

1) Detainees social media, cell phone contact, and/or political views being interrogated.

2) Detainees with legal status being pressured to surrender their long-term rights.

It's wise to wait for some blue-chip media sources to vet those claims systematically. It's a fast-moving situation and you wouldn't want to get something that serious wrong.

[_Res Ipsa]

There's also a lot of sporadic reporting of the two following things:

1) Detainees social media, cell phone contact, and/or political views being interrogated.

2) Detainees with legal status being pressured to surrender their long-term rights.

It's wise to wait for some blue-chip media sources to vet those claims systematically. It's a fast-moving situation and you wouldn't want to get something that serious wrong.

I did hear a report, early on, of the detainees being pressured to sign documents of some kind. If that's happening while they are being denied legal representation, that's what we call a BFD. I suspect we'll need to wait until more of the detained folks are interviewed. Or submit affidavits.

[_Kevin Graham]

Four people on MSNBC seem to be confusing the Immigration ban with the Refugee ban, the latter explicitly offering a religious test. However, Rudy Giuliani already told FOX News, perhaps unwittingly, that the immigration block happened after Donald called him up and said "I want a Muslim ban, how do I do it legally." At which point Rudy explains that it isn't legal to ban Muslims but he can block immigration from majority Muslim countries that would have the same effect.

And Trump is already tweeting about the evil media lying by saying this is about religion.

[_Res Ipsa]

Four people on MSNBC seem to be confusing the Immigration ban with the Refugee ban, the latter explicitly offering a religious test. However, Rudy Giuliani already told FOX News, perhaps unwittingly, that the immigration block happened after Donald called him up and said "I want a Muslim ban, how do I do it legally." At which point Rudy explains that it isn't legal to ban Muslims but he can block immigration from majority Muslim countries that would have the same effect.

And Trump is already tweeting about the evil media lying by saying this is about religion.

Yeah, Bannon should be telling Rudy to shut up.

I suspect all these emergency motions are being filed on paper rather than through the electronic filing system, but I'll take a look tomorrow and see if I can't figure out what has and hasn't been filed.

[_Kevin Graham]

I was stunned at the difference in news channels an hour ago. The nation is on the brink, we have a Constitutional crisis on our hands that I haven't seen since... I don't even know...

CNN and MSNBC both have live coverage of the airport protests and MSNBC had a panel of two Trump supporters and one Democrat with the show's host discussing the immigration ban and I flip over to FOX News and he Greg Gutfeld show is on and he's provided no footage of what's happening but he's saying the protesters have their "heads so far up their asses" and they're laughing as a live audience applauds, and they go to commercial while asking whether Trump should fire the people who are leaking to the press. It is like night and day.

[_EAllusion]

Four people on MSNBC seem to be confusing the Immigration ban with the Refugee ban, the latter explicitly offering a religious test. However, Rudy Giuliani already told FOX News, perhaps unwittingly, that the immigration block happened after Donald called him up and said "I want a Muslim ban, how do I do it legally." At which point Rudy explains that it isn't legal to ban Muslims but he can block immigration from majority Muslim countries that would have the same effect.

And Trump is already tweeting about the evil media lying by saying this is about religion.

Yeah, Bannon should be telling Rudy to shut up.

I interpreted that as Giuliani knowingly attempting to undermine the order rather than him being a bumbling idiot. Close call, though.

[_Res Ipsa]

Just another tidbit. Doesn't the Senate have to approve Bannon's appointment to the NSC?

The Council shall be composed of—
(1) the President;
(2) the Vice President;
(3) the Secretary of State;
(4) the Secretary of Defense;
(5) the Secretary of Energy; and
(6) the Secretaries and Under Secretaries of other executive departments and of the military departments, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure.

https://www.law.cornell.edu/uscode/text/50/3021

[_Kevin Graham]

Just another tidbit. Doesn't the Senate have to approve Bannon's appointment to the NSC?

The Council shall be composed of—
(1) the President;
(2) the Vice President;
(3) the Secretary of State;
(4) the Secretary of Defense;
(5) the Secretary of Energy; and
(6) the Secretaries and Under Secretaries of other executive departments and of the military departments, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure.

https://www.law.cornell.edu/uscode/text/50/3021

Apparently not. From what I hear on TV it is Trump's Council and he can do what he wants with it.

Holy Sheet I'm learning so much this week about just how much power President has, or can have. And we all thought Obama engaged in executive overreach!

[_Jersey Girl]

EA, you wrote: It's clear by this point that the Trump admin is openly defying the court stay on his executive order. Senior members of Congress aren't able to get through.

Senior members of Congress aren't able to get through where? Calls to the White House?