Harry Litman: I Think the Appeals Court Will Go Against the Trump Admin Saying We Have to Take Tom Homan at His Word

EXCERPT:

LITMAN: “Yeah, I think they‘re not going to be too — I think they‘re going to be jaundiced at this view that Tom Homan says, well, they all were. Take my word for it. Or even Donald Trump, although it’s the lower officials who are implementing his order. That‘s an important point, because it‘s harder to enjoin the president. I don‘t think they‘re going to go for it. On this main point, and this ought to be enough, we‘ll see where the other two judges are, but it ought to be enough to deny the government relief. They‘re going to say, that‘s very well and good that Tom Homan has said that, but that doesn‘t — that‘s not due process, that‘s not notice and opportunity to be heard. And by the way, there are indications that, as they say, mistakes were made here. So I think that‘s going to be the nub of the matter. And on that point, I think the court will go against the administration saying we just — you can‘t tell us we have to take Tom Homan’s word for it.”