One of the problems Trump has trying to defend his travel ban in court is that he repeatedly said that it was a ban on Muslims specifically, which would be unconstitutional. Rudy Giuliani then said publicly that he helped him draft an order to do just that and a judge has now ordered him to turn over documents related to the case.
A federal judge in Michigan this week ordered the Trump administration to turn over communications from Rudolph W. Giuliani and other advisers on the president’s controversial travel ban. Those suing over the matter hope the documents will bolster their bid to prove the ban was motivated by animus toward Muslims.
Giuliani has been a key figure in the ban even before the first version was signed, and judges across the country have pointed to statements by the former New York mayor and close Trump ally as they have ordered the ban frozen. The judges have noted particularly a comment Giuliani made on Fox News in January, in which he seemed to suggest he helped the president craft a legal way to prevent Muslims from entering the U.S.“So when first announced it, he said, ‘Muslim ban.’ He called me up. He said, ‘Put a commission together. Show me the right way to do it legally,’ ” Giuliani said at the time.
U.S. District Judge Victoria A. Roberts ordered the government to turn over to those suing a memo that Giuliani crafted, along with all “documents or communications” about the travel ban from him and several other Trump advisers, including Attorney General Jeff Sessions, White House Chief Strategist Stephen K. Bannon and senior adviser Stephen Miller during the period just before the election, before they were in their current roles.
Judges have noted Miller’s comments, too, in putting the latest version of the ban on hold.
“We believe these documents will show exactly how the Muslim ban that Donald Trump called for on the campaign trail turned into the executive order he issued a week after taking office,” said Miriam Aukerman, senior staff attorney at the ACLU of Michigan, in a written statement. “If the administration now still refuses to turn over these papers, the question will be: What is it trying to hide?”
This could get very interesting.