Wednesday, February 22, 2017

“Donald J. Trump Statement on Preventing Muslim Immigration”: Why the Next Travel Ban May Also Be Ruled Unconstitutional

On December 7, 2015—the anniversary of Pearl Harbor— then-candidate Donald Trump issued the following campaign statement (red text). A federal court in Virginia ruled on Feb. 13, 2017 that the President’s “travel ban” is actually a form of religious discrimination.
- DECEMBER 07, 2015 -
​DONALD J. TRUMP STATEMENT ON PREVENTING MUSLIM IMMIGRATION
(New York, NY) December 7th, 2015, -- 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. According to Pew Research, among others, there is great hatred towards Americans by large segments of the Muslim population. Most recently, a poll from the Center for Security Policy released data showing "25% of those polled agreed that violence against Americans here in the United States is justified as a part of the global jihad" and 51% of those polled, "agreed that Muslims in America should have the choice of being governed according to Shariah." Shariah authorizes such atrocities as murder against non-believers who won't convert, beheadings and more unthinkable acts that pose great harm to Americans, especially women.
Mr. Trump stated, "Without looking at the various polling data, it is obvious to anybody the hatred is beyond comprehension. Where this hatred comes from and why we will have to determine. 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. If I win the election for President, we are going to Make America Great Again." - Donald J. Trump
Verify here: https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-on-preventing-muslim-immigration
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Here is how Judge Leonie M. Brinkeman analyzed the religious dimensions of the travel ban/Muslim ban (she enjoined the ban):

“The ‘Muslim ban’ was a centerpiece of the president’s campaign for months, and the press release calling for it was still available on his website as of the day this Memorandum Opinion is being entered. See [Dkt. 61–12]. The president connected that policy to this EO when, asked last July if he had abandoned his plan for a Muslim ban, he responded ‘Call it whatever you want. We'll call it territories, OK?’ [Dkt. 61–22] at 10. Giuliani said two days after the EO was signed that Trump's desire for a Muslim ban was the impetus for this policy. [Dkt. 61–4] at 1. And on the same day that the president signed the EO, he lamented that under the old policy, ‘If you were a Muslim you could come in, but if you were a Christian, it was almost impossible,’ and said his administration was ‘going to help’ make persecuted Christians a priority. [Dkt. 61–6] at 2. Defendants have not denied any of these statements or produced any evidence, beyond the text of the EO itself, to support their contention that the EO was primarily motivated by national security concerns.

The 'specific sequence of events' leading to the adoption of the EO bolsters the Commonwealth's argument that the EO was not motivated by rational national security concerns.”
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The bottom line: Donald Trump will have a challenging time running away from his naked religious prejudice.

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