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Trump’s revised travel ban may be too little too late

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- Commentary

resident Trump’s new executive order on immigration addresses some of the legal problems found by courts in the Jan. 27 original order, but is still vulnerable on some of the same legal grounds.

As a constitutional law professor who has recently written on this topic, I’d contend that Trump’s lawyers are not out of the woods yet.

Some important changes

The new executive order still has the original’s 120-day ban on the entry of refugees from all countries. Jettisoned is the indefinite ban on Syrian refugees.

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The new order keeps the 90-day ban on entry by persons from six majority-Muslim countries – Iran, Syria, Somalia, Sudan, Libya and Yemen. But the new order removes Iraq from the list. The change came because of Iraq’s role in assisting the U.S. in the fight against the Islamic State and its enhanced security measures, according to Secretary of State Rex Tillerson.

The revised order also removes the original’s preference for refugees who are members of “minority” religions in their country of origin. Stating this preference had opened the Trump administration up to the argument that the original order aided Christians and other non-Muslims in violation of the separation of church and state.

But the change may be too little, too late. The federal court that struck down the first executive order on church-state grounds also relied on statements by Trump and Rudy Giuliani that the purpose of the order was to effectuate a “Muslim ban.” The new executive order doesn’t undo the effect of those statements. You can’t unring that bell.

Due process clause less of an issue

Additionally, the current executive order clarifies that it does not apply to green card holders or those who hold lawful visas. This detail will help Trump defend against arguments that the order violates the Constitution’s due process clause, which was the basis for the federal appellate court ruling that the order was unconstitutional.

The due process clause provides that the government cannot take away someone’s liberty without notice and a hearing before an unbiased decision-maker. It applies even to noncitizens if they are present in the U.S., but not to noncitizens abroad. Exempting noncitizens with green cards or visas means there are far fewer people affected by the executive order who have the right to complain of a due process problem.

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But other legal issues apply equally to the original and revised orders. By imposing a blanket ban on anyone coming from one of the remaining six majority-Muslim countries, this week’s executive order still arguably runs afoul of a 1965 statute that bans discrimination on the basis of “national origin” regarding visas. To be sure, by exempting current visa holders from the executive order’s reach, the universe of potential legal challenges on this ground shrinks. But to the extent the executive order burdens those seeking new visas, there may still be a viable legal challenge.

Ultimately, the only way to know for sure the legal effect of this new executive order is to wait for a court ruling. Given that the American Civil Liberties Union has already pledged to challenge the new executive order in its ongoing litigation against the immigrant ban, we may not have to wait long.

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Donald Trump Jr. one of only 3 people who wants to legally kill an Alaskan grizzly bear this year

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According to a report from Reuters, Donald Trump Jr. has been awarded an out-of-state permit from Alaska to hunt and kill a grizzly bear this year making him one of only three who applied for one of the 27 permits available.

The report states the son of President Donald Trump has "been granted the right to hunt a grizzly bear in northwestern Alaska near the Bering Sea town of Nome, a state official said on Friday."

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Internet heaps praise on CNN’s Anderson Cooper for his ‘must watch’ destruction of Rod Blagojevich

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CNN's Anderson Cooper received near-universal praise across the board for what one commenter called his "fiery rebuke" of recently paroled former Illinois Governor Rod Blagojevich on Friday night that culminated in the CNN host telling him excuses for why he should not have been in prison were "bullsh*t."

During the highly-contentious interview, Cooper came armed with facts and did not let Blagojevich get away with comparing himself to political prisoner Nelson Madel a which drew a smirk and rebuke from the CNN host.

Many on Twitter were quick to point to the interview as one all cable hosts should look at as a way to stop guests who go on shows to lie with no pushback.

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Bill Barr’s relationship with Trump ‘on the rocks’ as unleashed president ‘openly defies him’: ex-prosecutor

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In a CNN segment analyzing Donald Trump's insistent comments and tweets about Justice Department business, former federal prosecutor Eli Honig stated that the relationship between the president and Attorney General Bill Barr is now "on the rocks" and does not look promising for the future.

Speaking with "New Day" host Christi Paul, Honig explained that Barr has repeatedly cautioned the president about his comments but that Trump is flat out ignoring the Attorney general -- meaning that their relationship has taken a bad turn.

"It's interesting, Christi, the relationship between Trump and Barr seems to be on the rocks," Honig explained. "We saw Bill Barr step up and show some spine when he said to ABC News, the president is making my job impossible."

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