The Note: Trump’s words on trial as travel ban heads to Supreme Court

At the heart of the argument that the ban is unconstitutional are Trump's words.

April 25, 2018, 6:11 AM

The TAKE with Rick Klein

President Donald Trump’s words go on trial before the Supreme Court on Wednesday.

The case is about the third iteration of the travel ban, of course. But the stakes are broader – with questions of national security, immigration and refugee policy, and the power among the branches of government at issue.

At the heart of the plaintiffs’ argument that the ban is unconstitutional are Trump’s words, as spoken and tweeted, as a candidate and then as president. Most famous was his campaign call for – in writing and read out on camera – “a total and complete shutdown of Muslims entering the United States.”

The Trump administration’s position is that campaign rhetoric can’t be mistaken for official government actions, and that this is no Muslim ban. The courts, the argument goes, should look at what’s being done, while ignoring much of what’s been said, even by the president himself.

It means that the Supreme Court will now be wrestling with a main feature of Trumpism itself.

Trump has challenged institutions throughout his time in office, with varying degrees of success. The nation’s highest court now starts to get its turn, in what won’t be the last dispute it will have to settle.

PHOTO: Supporters surround an Islamic midday prayer outside the White House in Washington, Jan. 27, 2018, during a rally on the one-year anniversary of the Trump Administration's first partial travel ban on citizens from seven Muslim majority countries.
Supporters surround a group who perform the Islamic midday prayer outside the White House in Washington, Jan. 27, 2018, during a rally on the one-year anniversary of the Trump Administration's first partial travel ban on citizens from seven Muslim majority countries.
Andrew Harnik/AP

The RUNDOWN with MaryAlice Parks

There was something for everyone in the results of Arizona’s special congressional election last night.

A true political Rorschach test: folks on all sides may see what they want to see.

Democrats who have argued centrist and safer candidates are the answer to breaking through in red areas, may say Tipirneni, an immigrant from India running on universal health care, did not get done what Rep. Conor Lamb, a more moderate and traditional candidate running in Trump-country Pennsylvania, did.

Other Democrats though could use statistics from last night to contend the opposite. After all, the demographics of this district where entirely different.

Ahead of last night’s race, twice as many Republicans voted in their primary compared to Democrats, a sign of just how solid and active the Republican Party is in this part of Arizona.

Still, Tipirneni was able to come within about 5 points it seems, according to the latest results this morning. A huge swing to the left in this red district that President Trump won by over 20-points. Tipirneni capitalized on an anti-establishment sentiment and a craving among independents for new faces, an appreciation of facts and a strident defense of Social Security and Medicare. Interesting, a lot of Democrats in a lot of other seats, especially some in crowded primaries have resumes like Tipirneni's: health care professional, running on the issue and their outsider-creds. She has not yet conceded.

Some Republicans, too, may look at the win and exhale. Tell their donors that things are not as bad as feared. Others, though, eyeing the final tab could worry. Tipirneni outraised congresswoman–elect Debbie Lesko, and so Republican groups came in and outspent the Tipirneni overall big time in a way they may not be able to everywhere next fall.

Republican State Rep. Debbie Lesko and Democrat Dr. Hiral Tipirneni are competing for a congressional seat in Arizona's special election on April 24, 2018.
AP

The TIP with Emily Goodin

President Donald Trump tweeted about his ninth Senate race on Tuesday, demonstrating once again his willingness to get involved in a races during this critical midterm year for Republicans.

The president endorsed Rep. Jim Renacci, who has seen less-than-positive stories emerge about his past as a lobbyist and his strong first quarter fundraising numbers included a $4 million personal loan to his campaign.

Trump has tweeted for other Republicans who needed some TLC from the party. He renewed his support for Marsha Blackburn in Tennessee after retiring GOP Sen. Bob Corker made favorable comments about her Democratic opponent.

And he tweeted his support for Mississippi Sen. Roger Wicker after reports conservative Chris McDaniel would challenge him in the primary (although McDaniel ultimately switched to the special election in that state).

Trump also cheered Mitt Romney’s entry into the Utah Senate race and gave a shout-out to Sen. Ted Cruz ahead of the Texas primary.

It remains to be seen if the president’s enthusiasm can win votes but it’s likely to win him some gratitude from the candidates.

PHOTO: President Donald Trump holds up an executive order after signing it at the American Farm Bureau Federation annual convention Monday, Jan. 8, 2018, in Nashville, Tenn.
President Donald Trump holds up an executive order after signing it at the American Farm Bureau Federation annual convention Monday, Jan. 8, 2018, in Nashville, Tenn., as, from left, Rep. Diane Black, R-Tenn., Agriculture Secretary Sonny Perdue, Sen. Lamar Alexander, R-Tenn., Sen. Bob Corker, R-Tenn., Sen. Pat Roberts, R-Kan., and Rep. Marsha Blackburn, R-Tenn., applaud.
Mark Humphrey/AP

WHAT YOU NEED TO KNOW TODAY

  • President Donald Trump meets with the CEO of Apple, Tim Cook in the Oval Office at 1:45 p.m.
  • Today the Supreme Court hears from attorneys on the Travel Ban 3.0 case — the third attempt by the Trump administration to restrict entry into the U.S. by individuals from particular countries, most of which are Muslim-majority.
  • U.S. Attorney General Jeff Sessions will appear before a subcommittee today on funding requests and budget justifications for the Department of Justice in 2019.
  • Former FBI Director James Comey will be at his alma mater, William & Mary College, tonight to talk about his book. CNN’s Anderson Cooper moderates the discussion.
  • QUOTE OF THE DAY

    "I'll get that little piece of dandruff off. Little piece! We have to make him perfect." — President Donald Trump, as he brushed something off the shoulder of President Emmanuel Macron of France during a photo op at the end of a bilateral meeting in the Oval Office.

    President Donald Trump and French President Emmanuel Macron walk to the Oval Office after an arrival ceremony at the White House, April 24, 2018, in Washington, D.C.
    Mark Wilson/Getty Images

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    The Note is a daily ABC News feature that highlights the key political moments of the day ahead. Please check back tomorrow for the latest.

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