How Donald Trump’s tweets are helping to fight his travel ban

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Washington (CNN)Justice Department attorney Michelle Bennett learned firsthand Monday what it feels like to have a tweet written by the President of the United States used against her in federal court.

Bennett was asking district court Judge James Robart to temporarily postpone proceedings concerning the President Donald Trump’s executive order on immigration while a federal appeals court was still considering the issue.

Not all judges reference Trump’s statements, however, US District Court Judge Nathaniel M. Gorton, of the U.S. District Court for the District of Massachusetts, ruled in favor of Trump and declined to extend a temporary restraining order. Of the Establishment Clause claims he said simply, that at least in one section of the Executive Order is “neutral with respect to religion.”

And Michael McConnell, director of the Constitutional Law Center at Stanford Law School, believes “it is highly questionable that courts can or will consider evidence of any kind about the motivations behind the President’s actions.” He cites federal law that provides that the President can ‘suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants’ and said, “that does not empower courts to second-guess his reasons.”

McConnell also argues that “A candidate is not the government. Candidate Trump advocated a Muslim ban, but the executive order is not a Muslim Ban. Is the government of the United States precluded from taking what would otherwise be legitimate steps to screen out applicants from nations where it is difficult to vet their applications, because a candidate said something outrageous on the campaign trail?”

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