Friday, February 10, 2017

Short attention span political theater

Donald Trump's tweet about the 9th Circuit's decision not to lift the temporary restraining order that is blocking the #MuslimBan executive order:
Surprisingly, Trump cited a blog post from a smart site. The post he was referring to is here. Trump was referring to the fifth paragraph in the post (or 6th if you count a block quote), which says:
Remarkably, in the entire opinion, the panel did not bother even to cite this statute, which forms the principal statutory basis for the executive order (see Sections 3(c), 5(c), and 5(d) of the order). That’s a pretty big omission over 29 pages, including several pages devoted to determining the government’s likelihood of success on the merits of the case.
I guess Trump did not continue to read two paragraphs later when the blogger concludes:
The Ninth Circuit is correct to leave the TRO in place, in my view, for the simple reason that there is no cause to plunge the country into turmoil again while the courts address the merits of these matters over the next few weeks.
 You gotta read to the end, Donnie, before you endorse a blog post to the rest of the world.

UPDATE: Well, that explains it. Apparently, the quote from the Lawfare post about how the 9th Circuit did not cite the statute was highlighted on MSNBC's conservative talk show Morning Joe. The Morning Joe segment broadcast 12 minutes before the tweet. The show didn't mention the fact that the same Lawfare post concluded that the 9th Circuit decision was correct, or that the post referred to Trump's executive order as being motivated by "incompetent malevolence" (thanks Kevin T. Keith in the comments).