Donald Trump gave away the game when he signed one particular executive order, according to a former prosecutor.
Ex-federal prosecutor Joyce Vance, a legal analyst who tracks legal battles involving Trump and his administration, published a post on Substack in which she highlights part of a judge's decision against Trump. Specifically, the federal judge rejected Trump‘s effort to shut down asylum applications by declaring an “invasion” at the southern border.
"In reviewing the Judge’s decision, something unrelated, at least not directly, to the issue at hand caught my eye," she wrote.
According to Vance, the part of note is in the proclamation, “GUARANTEEING THE STATES PROTECTION AGAINST INVASION,” that Trump issued on his first day in office. That, she said, is "the one that prevents migrants from seeking asylum based on the assertion that there is no way to assess the risk they present."
"He wrapped the constitution and the laws around himself like armor," she said of the wording of the order.
Vance notes that, "The proclamation starts out with Trump advising: 'By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby proclaim…' And then he guts asylum."
"He reiterates his authority midway through," she then notes.
According to the attorney, this wording seems normal but actually is not.
"Sure, this is unremarkable to some extent. Presidents are supposed to cite to (or better yet, know and understand) the legal authority they have to act. This would have been unsurprising in an executive order issued by Bush, Obama, or Biden," Vance wrote. "But here, it’s worth noting. The spoiler is the inclusion of 'in faithful execution of the immigration laws passed by Congress' when what he’s doing is no such thing. Much of what Trump does pushes the limits of his Article II powers or encroaches on the powers of other branches of government. When we talk about it, we couch it in those terms: unlawful; unconstitutional."
Vance says Trump needs the trappings of legality to keep doing what he's doing.
"Trump isn’t trying to declare himself a dictator. He’s no Papa Trump. Instead, he’s invoking the pretense that everything he does is legal. He’s using language like this so he looks…just like any other president. He does it so he can tell his followers how faithfully he is executing the laws," according to Vance, who notes that the asylum issue is "just one recent example."
Vance said, "This is how he operates across the board. It’s the essence of his presidency—not doing away with the law, but cloaking himself in it. It’s why, during the first Trump presidency, we used to say that the emperor had no clothes. It’s time to bring that back."
"One implication for those who are concerned that Trump will cancel elections in 2026 is to understand he can’t afford to do so. It would force him to shed the appearance of legitimacy that he’s gone to so much trouble to maintain," Vance wrote.
