One For The Books

From Benjamin Wittes at LAWFARE:

The malevolence of President Trump’s Executive Order on visas and refugees is mitigated chiefly—and perhaps only—by the astonishing incompetence of its drafting and construction.

NBC is reporting that the document was not reviewed by DHS, the Justice Department, the State Department, or the Department of Defense, and that National Security Council lawyers were prevented from evaluating it. Moreover, the New York Times writes that Customs and Border Protection and U.S. Citizen and Immigration Services, the agencies tasked with carrying out the policy, were only given a briefing call while Trump was actually signing the order itself. Yesterday, the Department of Justice gave a “no comment” when asked whether the Office of Legal Counsel had reviewed Trump’s executive orders—including the order at hand. (OLC normally reviews every executive order.)

This order reads to me, frankly, as though it was not reviewed by competent counsel at all.

Mr Wittes is a Senior Fellow at Brookings, and so he's not exactly Mr Conservative, but he's also not a Leftie Looney and while this is from the guy's blog, I was linked to it from The Brookings Institution's website, where it seems like the use of terms like "malevolence" and "horrific" in reference to a POTUS is a bit unusual.

Something could be up. There's an awful lotta smoke for no fire.