Throughout Donald Trump’s campaign and now into the first weeks of his presidency, critics suggested that he cool his incendiary rhetoric, that his words matter. His defenders responded that, as Corey Lewandowski said, he was being taken too “literally.” Some, like Vice President Pence, wrote it all off to his “colorful style.” Trump himself recently explained that his rhetoric about Muslims is popular, winning him “standing ovations.”
No one apparently gave him anything like a Miranda warning: Anything he says can and will be used against him in a court of law.
His remarks could hurt the government’s key argument as it seeks to reinstate the order — that there was a “rational basis” for issuing it — said Jayashri Srikantiah, an immigration law professor at Stanford Law School.
“When there is a record of evidence, as there is here, of the president making discriminatory comments about Muslims, the question is, does that animate the executive order?” Srikantiah told The Washington Post. “If it does, it raises some serious concerns, and it reflects an intentional discrimination.”Read More