Legal Balancing Act In Replacing Trump's Travel Ban

CNN/Stylemagazine.com Newswire | 2/28/2017, 3:45 p.m.
More than two weeks ago -- and less than 30 minutes after a federal appeals court refused to reinstate his …
Donald Trump gives inaugural address.

WASHINGTON (CNN) -- More than two weeks ago -- and less than 30 minutes after a federal appeals court refused to reinstate his travel ban -- President Donald Trump signaled he was poised to act quickly.

"SEE YOU IN COURT," he tweeted in all caps.

But that go-fast approach seems to have been eclipsed by lawyers at top levels of government going back to the drawing board and taking a very close and cautious look at the legal issues involved.

One reason for the slowdown is the strong admonition from the three appellate court judges who castigated the government for failing to provide the court with any national security information justifying the ban -- even under seal.

In a blunt footnote, the judges on the Ninth Circuit Court of Appeals said that while the government "identified the seven countries in the executive order as countries of concern in 2015 and 2016," it had not "offered any evidence or even an explanation" for how the national security concerns justified an "urgent need" to reinstate the executive order.

Trump said later that his administration was working on something that would be tailored to the concerns of the court -- although the precise details are still under wraps.

In an appearance in Munich on February 18, Homeland Security Secretary John Kelly suggested that the President was contemplating "releasing a tighter, more streamlined version of the first executive order" that would pass muster with the court and ease due process concerns because it would have a built-in roll out plan aimed at diminishing the chaos caused after the first order was released.

One source confirmed the rollout plan to CNN and reiterated that government lawyers believe it should withstand legal scrutiny because it will make clear that the travel ban will not impact green-card holders. The source said that another section suspending the entry of Syrian nationals as refugees could be modified or even cut, as well as a different section that arguably prioritizes certain religious minorities.

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