Defending the Trump Brand
By Chris M. Ingram, LL.M., ESQ
In the wake of President Trumps 3-0 defeat over the ‘Muslim Ban’, new moves are underway for a Trump fight back. Over the weekend Trump has given conflicting views. First, Trump has said that he plans to draft a new Executive Order as early as Monday February 13th 2017. Secondly, he has vowed to fight the order that was suspended in court. The contradiction is that issuing a new Executive Order should kill his original Executive Order since he cannot have two similar ‘Muslim Bans’ in place at the same time.
Is it Really a Muslim Ban or Just a Ban?
If Trump writes a new Executive Order travel ban how will he need to craft it so as to find himself in court all over again? Arguably the best way is to not “ban” anyone automatically from entering the country, but instead create a series of visa application steps that aliens must clear in order to be granted a visa. For example, clear a background check, set a limited time of stay in the US, must be sponsored by a family member, employer or institution to vouch for them.
Judge Robart is still planning to hear this case on its merits.
If Trump decides after all not to draft a new Executive Order then he can fight the suspension of his ban in court. Already Judge James Robart who originally granted the temporary Restraining Order has set deadlines for both parties to submit additional supporting documentation to their original pleadings so that a full hearing on the merits of the arguments can be heard.
The Trump brand is all about the appearance of winning and getting things done as promised in his run up to the Presidency. It’s critically important to the Trump brand that he is seen to win. Trump promised to repeal Obamacare, but that is now facing a public backlash, he promised to build a wall but Congress does not want Americans to pay for it and now a court has ruled against him on the “Muslim Ban”.
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