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Our founders viewed the judicial branch as slightly weaker than the other two branches of government for two reasons. First, the obvious reason invoked by many today is that since they’re not elected by the people, they should hold less power. The less obvious reason is because the power they do wield is so profound, giving them anything else would tilt the scales too far.
President Trump has the facts on his side. His many battles with the judicial branch have focused heavily on the infamous 9th Circuit Court of Appeals. That’s the place where truth is arbitrary and any leftist argument can be used to pull an unconstitutional rabbit out of the hat.
His current battle is with a 9th Circuit ruling against his enforcement policy that illegal aliens cannot seek asylum. They must come through a designated port of entry. The will be rejected if they enter the country illegally and are caught before “seeking” asylum.
The President’s policy is logical, reasonable, and acceptable under current law. The 9th Circuit didn’t see it like that. Of course.
Today, the President Tweeted his dismay about the 9th Circuit in response to Chief Justice John Roberts’ rebuke yesterday..
Justice Roberts can say what he wants, but the 9th Circuit is a complete & total disaster. It is out of control, has a horrible reputation, is overturned more than any Circuit in the Country, 79%, & is used to get an almost guaranteed result. Judges must not Legislate Security…
— Donald J. Trump (@realDonaldTrump) November 22, 2018
….and Safety at the Border, or anywhere else. They know nothing about it and are making our Country unsafe. Our great Law Enforcement professionals MUST BE ALLOWED TO DO THEIR JOB! If not there will be only bedlam, chaos, injury and death. We want the Constitution as written!
— Donald J. Trump (@realDonaldTrump) November 22, 2018
It’s a sound argument. It makes sense. It can resonate. Unfortunately, the President left himself open to attacks based on a claim he’s been told was incorrect multiple times in the past. It’s true the 9th Circuit has a 79% overturn rate. The 11th Circuit has an 85% rate while the 6th Circuit has an 87% rate.
Yes, the 9th Circuit has a high rate and is third on the list, but it’s not the highest as the President has claimed before and again today.
Whether it’s his famous use of hyperbole or he just continues to forget despite being corrected on it regularly, this little addition to an otherwise proper statement derails everything he’s trying to say. Supporters will say it’s no big deal, that it’s just Trump being Trump. But here’s the thing. When trying to argue about legal matters, accuracy is important. All it takes is one wrong fact to make all the other facts in his statement invalid, at least in the minds of the people who can help him achieve his goals.
This story should be about how the President is exactly right. It should be about raising awareness of judicial tyranny while keeping momentum going for border security. We may not be able to pressure judges into changing their minds, but we can call on our legislators to make our borders more secure and remove criminal illegal immigrants quickly and permanently.
Instead, many of us who want to use the President’s statements must decide whether we should include a tainted message or push forward without mentioning it.
The President is one of the best ever at rallying supporters with his speeches. These are friendly venues with crowds that are generally less concerned about details than they are about the gist of the message. But when it comes to leading the nation adeptly through legal setbacks, a dysfunctional Congress, and complex foreign policy issues, the President must lean on experts. All he has to do is craft his Tweets and have them edited by experts who won’t have senior moments about the facts. He can write his statements, such as the one on Saudi Arabia, and run it by trained PR people to see what will resonate and what will cause backlash.
Perhaps he does these things. If that’s the case, he’s surrounded himself with weak people who won’t tell him when he’s wrong.
The gist of his Tweets about the 9th Circuit is proper. The details are lacking in one point which makes it hard to use his arguments to help him. Many of us who support his stance are forced to work outside of his rhetoric in order to promote his agenda.
The facts are on the President’s side. The 9th Circuit is a judicial abomination. The migrant caravans must be handled with a firm hand. Illegal immigration is an existential problem for the United States. If we stick to the facts, we can win this battle in the end.
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