Senator Trey Gowdy has an easy fix for President Donald Trump’s executive order on immigration.
The Republican senator from South Carolina thinks the president’s travel ban on seven Muslim-majority countries can be “easily remedied,” despite the order being blocked by the Ninth Circuit Court of Appeals.
“His executive order is pretty easily remedied, and you can remedy it without going to the U.S. Supreme Court,” Gowdy said Wednesday on Fox News’ “The First 100 Days.”
The former prosecutor and Judiciary Committee member was not surprised by the liberal court’s decision but believes setting up categories of people entering the U.S. from the countries listed in the ban could alleviate its problems.
“There are U.S. citizens which are entitled to the full panoply of constitutional rights and due process,” Gowdy explained. “At the other extreme, you have someone in Yemen who’s never been to the United States, who just wants to just visit Graceland. They’re not entitled to any due process. They’re not entitled to any constitutional protections.”
Gowdy acknowledged that the order, as originally written, had problems but he is willing to give the president his support.
“I’m prepared to give this president time. He’s never served in the House, he’s never served in the Senate,” Gowdy said, adding that it is up to Trump’s legal advisers to “provide evidentiary basis to withstand a court scrutiny.”
“With different categories, like non-immigrant visa holders vs. U.S. citizens vs. non-U.S. citizens, there’s a different legal analysis,” he said.
Gowdy also noted that the court, with non-elected judges, should not be making decisions that affect national security.
“It’s not a blank check that the chief executive and commander in chief has,” Gowdy said, “but you certainly don’t have to clear everything” with the un-elected judges.
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