Constitutional Issues
See Assaults on Civil Liberties and Attempts to Discredit Media.
Timeline
| 2016.02.16 | Trump: "I'm going to open up our libel laws so when [the media] write purposely negative and horrible and false articles, we can sue them and win lots of money." politico.com (See also 2016 Election, Attempts to Discredit Media) This would appear to violate the guarantee of a free press made in the First Amendment. |
| 2016.02.17 | Trump says he supports waterboarding and similar interrogation techniques because "Torture works". washingtonpost.com (See also 2016 Election) The Eighth Amendment prevents the use of cruel and unusual punishment, protecting people within the U.S., at a minimum, from punishments that involve torture and the intentional infliction of pain. |
| 2017.01.10 | Jeff Sessions, who has supported the use of waterboarding as interrogation tactic, said current law makes it “absolutely improper and illegal.” nytimes.com (See also Jeff Sessions, Department of Justice) |
| 2017.01.22 | A team of prominent constitutional scholars, Supreme Court litigators and former White House ethics lawyers intends to file a lawsuit Monday morning alleging that President Trump is violating the Constitution by allowing his hotels and other business operations to accept payments from foreign governments. nytimes.com (See also Conflicts of Interest, Lawsuits) |
| 2017.01.25 | During an ABC News Interview, Trump says that waterboarding works and that he will rely on his team's guidance to do everything "legally." twitter.com (See also National Defense) |
| 2017.02.02 | How Trump is getting away with violating court orders against his Muslim immigrant ban. slate.com (See also First 100 Days, Muslim Immigration Ban, Muslims, Immigration) |
| 2017.02.02 | Trump espouses a vision of religious nationalism at annual prayer breakfast. theatlantic.com (See also Nationalism, Muslims, Immigrants) His speech focused on the violent, ideological threats to America while vowing to repeal the Johnson Amendment. |
| 2017.02.02 | Virginia files a contempt motion against Trump over immigration order and asks a U.S. District Court to make the federal government prove it complied with a temporary restraining order. huffingtonpost.com (See also First 100 Days, Muslim Immigration Ban) |
| 2017.02.05 | US appeals court rejects White House request to reinstate Muslim immigration ban. theguardian.com (See also First 100 Days, Muslim Immigration Ban, Immigration, Assaults on Government, Steve Bannon, Steven Miller) |
| 2017.02.07 | Appeals Court panel appears skeptical of Trump’s Muslim Immigration ban and the Trump administration's position that came close to saying the court is without power to make judgements about his actions. nytimes.com (See also First 100 Days, Muslim Immigration Ban, Immigration) |
| 2017.02.08 | DHS watchdog suggests customs officials may have violated court order at Dulles. politico.com (See also First 100 Days, Muslim Immigration Ban, Immigration, Muslims, Department of Homeland Security) The day after it went into effect, a federal judge said customs officials at Dulles had to provide detained travelers access to lawyers. |
| 2017.02.08 | Supreme Court nominee Neil Gorsuch told a US senator Wednesday that Trump's tweets about the judiciary are "demoralizing" and "disheartening." cnn.com (See also First 100 Days, Muslim Immigration Ban, Immigration) |
| 2017.02.08 | Three advocacy groups file federal lawsuit challenging Trump's executive order that requires two federal regulations to be eliminated for every new regulation passed. washingtonpost.com (See also First 100 Days, Lawsuits) |
| 2017.02.08 | Trump suggests only politics could lead court to rule against his immigration order washingtonpost.com (See also First 100 Days, Muslim Immigration Ban) |
| 2017.02.09 | Blumenthal: We're careening 'toward a constitutional crisis' thehill.com (See also First 100 Days) |
| 2017.02.09 | Cleveland federal judge says Trump's recent attacks on judges hearing challenges to his executive order on immigration calls president's 'legitimacy' into question. cleveland.com (See also First 100 Days) |
| 2017.02.09 | Flynn is said to have talked to Russians about sanctions before Trump took office raising the prospect that Trump’s national security adviser violated the Logan Act, a law against private citizens’ engaging in diplomacy. mobile.nytimes.com (See also First 100 Days, Michael Flynn, Russia, False Statements) |
| 2017.02.09 | The court went out of its way in its opinion released Thursday to emphasize the right and the duty of the judiciary to rule on the constitutionality of executive action, even when national security is on the line. bloomberg.com (See also First 100 Days, Muslim Immigration Ban, Muslims, Immigrants) |
| 2017.02.09 | Threats against more than one judge involved in legal challenges to President Donald Trump's executive order on immigration have prompted federal and local law enforcement agencies to increase security. cnn.com (See also First 100 Days, Assaults on Government) |
| 2017.02.09 | Trump lashes out at Blumenthal and resurfaces the Connecticut senator’s military record to minimize fallout from the Gorsuch’s 'disheartening' comments about Trump’s attacks. politico.com (See also First 100 Days, Assaults on Government) |
| 2017.02.09 | Trump lawyers get ready: After the 9th Circuit rules on the immigration ban, there'll be another challenge and another and another. bloomberg.com (See also First 100 Days, Muslim Immigration Ban, Muslims, Immigration) |
| 2017.06.14 | The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether Trump attempted to obstruct justice. washingtonpost.com (See also Legal Activity, Russian Meddling in Election, Corruption, Conflicts of Interest, Trump Relationship with Russia) |
Assessments
Joshua Matz-The Guardian
In his Feb. 8, 2017 opinion, Matz examines the larger implications of the confrontation between Trump's administration and the judicial system:
These claims to unbounded power would have struck a nerve under any circumstances. But it’s hard to think of a worse time to seek judicial deference to the presidency than after a wildly unpresidential attack on the “so-called judge” who enjoined his order. “Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!” Trump tweeted.
Insistence on judicial respect for the president’s unique role in immigration also rings hollow when the executive branch so badly mangled the whole undertaking.