WASHINGTON (CBSNewYork/CBS News/AP) — President Donald Trump said Friday that he might sign a brand new travel ban next week, rather than waiting for the courts to deal with his first one.
Trump said speed is essential to national security, but his ban was placed on hold last week by a federal judge. On Thursday, the 9th U.S. Circuit Court of Appeals refused to reinstate his temporary ban on travel to the U.S. by refugees and residents of seven mostly Muslim countries in the name of national security.
Aboard Air Force One on Friday, Trump vowed he would soon impose tougher screening procedures — and possibly a new executive order — adding to comments he made earlier in the day at the White House.
“We will be doing something very rapidly, having to do with additional security for our country, you’ll be seeing that sometime next week,” Mr. Trump said in a press conference.
The appeals court ruling kept Trump’s executive order on hold while courts consider whether it’s legal for him to impose it.
The Obama administration had previously identified those seven countries as of most concern for terrorism — and Trump said the temporary ban was necessary while national security officials reviewed President Barack Obama’s vetting procedures.
Sources told CBS News that one possible option — stepping up that review even without a travel ban in place and coming up with tougher new vetting measures — that would make much of the executive order unnecessary and would avoid legal problems ahead.
“There is a concern that the reckless manner in which President Trump did this order and the litigation that ensued will cause the courts to put limits on perfectly legitimate authorities,” said Benjamin Wittes of the Brookings Institution.
There is also a chance the entire California-based federal appeals court could review the ruling by the three judges, and Trump could also ask the Supreme Court to intervene – but at this preliminary phase, that is unlikely.
Speaking at a White House news conference with Japanese Prime Minister Shinzo Abe earlier in the day, Trump had said the administration would continue to work the case through the court process.
“Ultimately I have no doubt that we’ll win that particular case,” Trump said.
“The voters felt that I would give it the best security, so we’ll be doing something very rapidly having to do with additional security for our country,” he said.
Earlier, Trump lashed out against the court’s decision, calling it “disgraceful.”
Trump has been pointing to a federal law that details when immigration restrictions by the president is permissible.
In a tweet Friday, Trump quotes an article by Wittes, editor-in-chief of the Lawfare blog. It reads, “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.”
Trump tweeted, “A disgraceful decision!”
But in his own tweet Friday, Wittes said the quote, which is part of a longer post, may have been taken out of context, CBS News reported.
In response to the president, Wittes said on Twitter, “You decide whether the POTUS is quoting me in context,” adding, “For the record, I support the decision.”
The president said Thursday that he did not believe the unanimous decision undercut his presidency and tweeted, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” in response.
The three federal judges ruled unanimously Thursday that the U.S. government presented no evidence to explain the urgent need for Trump’s executive order banning travel from seven predominantly-Muslim countries to take effect immediately.
The judges noted that Washington state and Minnesota had raised serious allegations about religious discrimination in Trump’s ban. The states argued that the ban negatively impacted universities, businesses and families, and was based on an unconstitutional premise.
The panel also said courts have the authority to review presidential orders on immigration and national security.
The U.S. Justice Department responded to the federal appeals court’s ruling, saying it “is reviewing the decision and considering its options.” It has 14 days to ask the court to reconsider its decision or file an emergency appeal with the Supreme Court.
New York City Mayor Bill de Blasio rejoiced over the ruling.
“To have this panel stand up and say, ‘nope, that’s an overreach,’ and at the very beginning of the Trump administration to make clear he cannot, he is not above the law, he is not independent of the judiciary, he has to submit to the judiciary as our Constitution says, I think that’s extraordinarily important in terms of limiting some of the more extremist actions that the president might take,” he told WCBS 880’s Rich Lamb on Friday.
With the ban suspended, refugees and citizens from the nations named in the order can continue entering the U.S.
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