Tweet Storm: Trump Attacks Position Of His Own Lawyers on Twitter On The Eve Of Supreme Court Decision

donald_trump_president-elect_portrait_croppedThis weekend I discussed how President Donald Trump’s own words had been the primary problem for lawyers seeking to advance his agenda.  Trump’s comment and tweets have routinely undermined defenses and alienated allies.  The column was prompted by Trump’s London tweets. While discussed for their triggering outrage across the political spectrum in Great Britain, one of the most controversial tweets also contained references to the immigration order as a “travel ban.”  It was a remarkably ill-considered tweet. However, on Monday morning, President Trump doubled down and actually attacked his own lawyers at the Justice Department and directly contradicted their position in court.  As I mentioned earlier, government counsel must feel like they have a daily Perry Mason moment with their client jumping up in court screaming incriminating things. The only logical conclusion that can be reached is that Trump really does not care if he wins the case.  The problem is that there is a large and talented team at the Justice Department that is still laboring under the assumption that the President does want to prevail before the Supreme Court.

Trump blamed his attorneys advancing  a “watered down” version of the controversial order. It is particularly weird since Trump signed the second version.  It makes him look like something of an empty suit if he did not agree with the second version.

Just as the national security staff says that Trump blindsided them with his NATO speech, this appears to be case where the legal team was caught utterly unprepared.

The worst aspect of the tweet is that it plays directly into the hands of those challenging his order.  During the recent litigation, the opposing counsel pointed out to the judges that the Trump campaign was still posting his pledge to impose a Muslim ban (a remarkably idiotic failure that was then embarrassingly taken down). That was less than a month ago.  In trying to get a fifth vote on the Court, it is added baggage that government counsel simply does not need.  Ironically, it makes more difficult the very thing that Trump was demanding: the reinstatement of his immigration order. It must be incredibly frustrating for his counsel who have insisted that his references to a “Muslim ban” during the campaign are immaterial to the executive order.  It does not alter the core of the legal arguments, which I have long stated favor Trump.  However, his reference to a ban (which the order is not) undermines the thrust of the arguments raised in courts across the country.

Now they have to wake up this morning to tweets that could have been written by their opposing counsel: “People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Trump wrote in the first of four tweets. “The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C. The Justice Dept. should ask for an expedited hearing of the watered down Travel Ban before the Supreme Court – & seek much tougher version!”

 

What is particularly odd is that the President waited for just before the Supreme Court would decide on the difficult question of an emergency order to unleash on his lawyers and deny that the order (and arguments) reflect his true thinking.  We have never seen anything like this in an Administration where the president is routinely undermining his own lawyers and Administration through public remarks.  There remains the question of what the White House Counsel is doing in this increasingly bizarre situation.  It is the role of White House Counsel to help maintain the litigation posture for the White House and discipline in public statements. There is no evidence of any discipline whatsoever as the Trump Administration, again, appears the primary witness against itself.

136 thoughts on “Tweet Storm: Trump Attacks Position Of His Own Lawyers on Twitter On The Eve Of Supreme Court Decision”

  1. Everyone assume that Trump is a blithering idiot–I’m no fan of his: He is crude, undisciplined & greedy. His policies regarding tax cuts for the rich; eliminating the estate tax benefiting the oligarchy; health care for the rich, but not for the rest of us; gutting of funds for forestry, national parks, PBS & NEA, and other vital governmental services whilst wasting more taxpayer funds on the over-bloated military industrial complex–are not only dangerous, they’re immoral & disastrous for our future.

    But to what extent is he being pressured by the Deep State to undermine his own key campaign promise to clamp-down on illegal & mass-migration with no integration plan. Trump has never said that he is opposed to legal immigration. He was committed to cracking-down on the illegal immigration that places a strain on our economy. That was one of his saner promises, along with wanting to stop our insane wars for profit in the Middle East.

    He’s been forced by the neocon establishment (Mc Cain / Graham / Obama / Hillary) to back down on our intervention in the Middle East. The oligarchy who has a vested interest in profiting from arms sales & ergo, warfare, wasn’t going to have it. They are the Deep State–they are the corporate fascists, along with other large corporations incl/ Big Insurance Vultures; Wall Street Financiers; Arms Manufacturers; Monsanto; etc.–all of whom own our public officials and who have their lobbyists infesting all branches & departments of government. Ergo, we’re bombing away in Syria and arming the most brutal regimes throughout the world. Follow the money.

    With respect to Trump’s ban on countries which are known to harbour terrorists–although admittedly, nations like Saudi Arabia should be at the top of the list, but aren’t, because they own our politicos: Bush the Clintons Obama & now Trump– if Trump was able to move forward with any plan to halt the mass-migration that Obama-Hillary support, that would interrupt or risk to stop the neoliberal globalists’ plan for Open Borders–Corporate Control over the World’s economies–because open borders brings with it cheap labour; disintegration of citizen’s rights; and poverty which breeds terrorism and warfare. Why do you think that the 1% own 90 % of the world’s wealth? They’re not going to stop it now.

    They’ve told Trump to back down–to find a way to scupper his own plans–knowing that he can do it via tweeting some other inanity. The sad fact is that our corporate-owned MSM is infected with the oligarchy’s shills & dim-witted mouths–that investigative reporting is almost nil–and nobody asks tough questions about who benefits from policies vs who pays the conquences–and nobody is studying the tactics regarding the way in which the political operatives push thru policies that benefit the richest amongst us whilst crushing the rest of us.

    Now we have Theresa May & Hillary Clinton using the London Attacks & Hillary’s defeat, respectively, in order to advocate censoring the internet, such that we’ll have more difficultly in researching facts; debunking untruths; and conducting vigorous debate with each other. But then, that’s exactly what the Oligarchy wants. They own the major parties in the US, the UK, France, Germany…If we let them win, then democracy is done–and even any pretense of a democracy is dead.

  2. Terror attacks are coming to a city near you soon. When your downtown neighborhood is burned you will have second thoughts on building a wall. We need the Wall now. The Supreme Court will probably decide this case after the plaza out in front of their bldg is damaged by al qaeda.
    Maybe they will get some sense.

    1. Jack, in all due respect “coming”, 9/11, San Bernadine, Orlando, the AW on the military base. They’re here.

    2. “Terror attacks are coming to a city near you soon.”
      So are traffic accidents and death by lightning strikes. These are far, far more likely to kill me than any terrorist action.
      So we should all barricade ourselves in our houses, armed to the teeth, and fire away at anything that moves?

  3. Who you are you going to blame, call insane and crazy when the next hit comes? If you think those animals aren’t getting something together to bring home again your the crazy and insane. Some of you still can’t even say Islamic Terrorist. When I was s street cop I remember how you libs had such love for street thugs, up until the time they entered your suburban neighborhood, then the complaints came hot and heavy. When you really didn’t like how the neighborhood was changing you sold and ran out. We wouldn’t even be talking about this if operation “resist” wasn’t called for by you libs.

      1. I don’t have clue but I know there better be a way of stopping them all from entering the US. If they were Catholic, Protestant, Baptist, Hindu or any other religion who is bent on harm to any US citizen I would feel the same. How often do you need to be slapped in the face before you put your hands up? Let it happen to a member of your family and then I want to here your educated comments.

      2. This all about proxy wars with Iran.

        Go back and look at which country just happens to sit between Iran and Saudi Arabia.

        This all about destabilizing Iran.

        Unfortunately the people being left homeless after being bombed don’t look for the deeper meanings.

        The psycho versions of the Sunni tribes just think bombing works because it has produced results for us and our allies.

        Not the kind of results anyone needs.

        1. Look here’s the point, these animals are taught from age 1 in the mosque that anyone who does not submit to Islam must pay tribute or die. That killing little “infidel” girls at concerts, Malls, restaurants, burning Churches, killing Jews, running people down with vehicles gets you into some paradise with virgins waiting for you. Frankly I would prefer some mature divorcée but virgins seem to give these animals woodies. Break the cycle stop it where it begins and break the will.

          1. One aspect of this is the idea of punishing the innocent, to get at the guilty. Do you really think that ALL or even most Muslims are fanatical killers? Is collective punishment a morally justifiable solution?

  4. He is the epitome of a profligating,licentious, spoiled rich kid which comes at the taxpayer’s expense.
    All this to feed his ego.
    He truly is an older Richie Rich.

  5. I have clients, and….. I like the truth too. Attorneys and clients alike are fed up with the gerrymandering of the judicial system. I say call it like it is – the attorneys mucked this up, not Trump. We need to ban travel to this country. He is right, again. His attorneys, and the hand-wringing JT’s of this country, should watch and learn from him. Call it what it is. If the political word gymnastics childish game playing allows the continued importing of our murderers into this country, that is on them. Trump has done his part to try to stop it.

  6. I also wonder what will happen if, at some point, Trump says “Scr*w the Supreme Court !” and starts sending out orders and edicts clearly contrary to the Court’s rulings. Didn’t Trump’s hero, Andrew Jackson, do just that?

  7. A yuge ego goes with the territory. There is no politician or any other ‘leader’ that gets there without feeling superior to the average person, in whatever capacity. This tarnishes the ‘serving’ aspect of anyone’s involvement in leadership roles, but is a necessary ingredient.

    However, as with any human element that is necessary for leadership, ego is the pathway to psychosis. Trump is unmistakably psychotic, always has been, and it’s getting worse. The key phrase, “And only I can do it.” is the key to this psychotic puzzle. The wrong person was elected, the worse of the two options, someone that will necessitate much more cleaning up than the last Republican President. Hate Clinton all you want; she produces much disgust. But, Clinton is sane. Trump is mentally unbalanced, in his ultimate playpen, totally obsessed with himself.

  8. I suppose if 30% or more of the government work force quits in frustration or disgust, it will achieve one of Trump’s goals.

  9. Just remember, folks, Trump could do a lot more harm if he were sane and competent.

  10. Trump fired all the US Attorneys months ago and has replaced just one. He is crazy and irrational Don’t much care for the dominionist Pence waiting in the wings, either. He lies but seems mentally stable.

  11. Lawyers, like our media , full of contempt and arrogance , like they have just defeated the establishment , main stream media and the world combined .

  12. As former DOJ attorney I can only thank God I no longer work for the Feds. POTUS is every attorney’s nightmare client!

  13. Everyone’s predictions have been wrong so far, including my own, so here’s another one. His executive branch directors, and top staff, will quit, leaving him with nobody to obey his orders. For them, Trump is all stick and no carrot. They will have NOTHING to lose by just leaving; it will look like a huge plus to employers. He still thinks he’s running for election. But governing means action, not cheering rallies. His policies are becoming too incoherent to be carried out anyway.

  14. I don’t think also version of too works make that ‘to.’

  15. that was certainly educational. Not. We wanted an outsider and the choice, the lottery ticket candidate, was preferred over the alternative with 100% certainty of a socialist autocracy..

    We got one Still the better choice and especially strong supporters of and self governing citizens of our Representative Constitutional Republic. The entire sorry government is being laid bare, like it or not, too exhibit their failngs and the reasons to cut government about 30%.

    That’s enough money saved to take care of a lot of debt and get some infrastructure rebuilding and rebuild our LEA and Military the main reasons for government to exist.

  16. The actions of someone who has always gotten what he wants. At age 70, he is being denied for the first time in his life, and he can’t handle the frustration. That’s why he is impetuously lashing out, even though it is against his own interests; he just can’t control himself.

  17. President Trump, I know you are frustrated by what is happening in the courts, and the NBC fake news about your travel ban didn’t help, Let your Attorneys handle the court proceedings. Be silent and carry a big stick. Stop tweeting things that will hurt you in the end. Don’t give the media anything to blast you with.

    1. He is not capable of stopping as he is totally lacking in impulse control and has either not properly matured or is becoming more child like. Who knows.

      1. I am no psychologist, but to this meager mind, we truly have a man-baby as President. No self control? does the bear sh.. in the woods? At first I thought someone should take his twitter and put in on his person where no daylight shines. I’m not so sure anymore. Put a mic on him. Have it on all the time. Let’s hear his thoughts 24/7. Perhaps then his loyal followers will see what a complete and total ass he is. Does he embarrass me as a resident of the United States? Nope, not anymore. The more he tweets and talks, the loonier he looks.

  18. I’m sure the attorneys who have represented Trump over the years are just chuckling.

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