This is a case we've just started covering, out of Manhattan -- it was filed Friday. It is hard to imagine a world where US lawyers would be prohibited from representing clients, via inside-US secure communication links. . . solely based on the name of the client, as determined arbitrarily by some Trump acolyte. But that is exactly what Trump proposes -- and will again lose upon.
The same section of the statute he claimed to rely on (and in fact violated, with these actions -- according to the holdings of at least two courts, now) is cited by the law professors, as well as the First, and Fifth Amendments. Here is the well-drafted 37 page complaint at law (they are law professors, afterall!), and a bit:
. . . .The Executive Order and the Regulations violate the First Amendment by barring Plaintiffs from engaging in certain speech and advocacy to support the ICC, and by subjecting Plaintiffs to the prospect of civil or criminal sanctions, and designation, for engaging in that speech or advocacy. . . .
The Executive Order’s terms “materially assisted,” “material. . . support,” and “services to or in support of” [also] violate the Fifth Amendment because they provide no notice to Plaintiffs as to what acts are prohibited, and permit arbitrary enforcement of the Executive Order. . . .
The Executive Order’s term “foreign person” violates the Fifth Amendment because it provides no notice to Plaintiffs as to whether they could be subject to designation under the Executive Order, and permits its arbitrary enforcement. . . .
The Regulations violate the Fifth Amendment by failing to clarify the meaning of any of these terms. . . .
IEEPA does not authorize the President to “regulate or prohibit, directly or indirectly. . . the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.” 50 U.S.C. § 1702(b)(3). . . .
Plaintiffs past and planned future acts include the importation and/or exportation of “information or informational materials” within the meaning of IEEPA. . . .
Onward, into a fully-shrouded Halloween meme / theme. . . as the above graphic would indicate. . . and grinning, ear to ear -- with floating flowers unfolding in water, complemented by. . . airplanes, in tempura paint. . . . I am genuinely gratified to read that Trump may be out of Walter Reed by late Monday. I do wish him very good health -- primarily so that he may live a long while, with the weight of the consequences of his malfeasance on his mind, whether in a jail cell -- or elsewhere. Smile.
नमस्ते
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