Sign up for the daily Inside Washington email for exclusive US coverage and analysis sent to your inbox Get our free Inside Washington email
Donald Trump’s comments about his latest travel ban could lead to the executive order being defeated in court, a former White House ethics lawyer has said.
Two federal judges have already put a nationwide restraining order on the ban, which restricts travel to the US from six Muslim-majority countries.
The President's new order was designed to withstand legal challenges after the first one was blocked in the courts.
Dubbing the latest legal rulings as a “terrible ruling”, Mr Trump told supporters at a campaign-style rally in Tennessee it was “a watered-down version of the first one”.
He said: “I think we ought to go back to the first one and go all the way (to the Supreme Court), which is what I wanted to do in the first place."
Norman Eisen, who worked under President Barack Obama , branded the comments a “legal disaster”, adding: “He is digging a grave for the second executive order and maybe even the third one”.
Stephen Miller, a senior adviser to Mr Trump and the architect of the first travel ban, made similar comments in January.
“Fundamentally, you’re still going to have the same basic policy outcome for the country”, Mr Miller said at the time.
This was subsequently cited as justification for the restraining order by Derrick Watson, a US district judge in Hawaii.
New York City bodegas strike to protest Trump's travel banShow all 27 1 /27New York City bodegas strike to protest Trump's travel ban New York City bodegas strike to protest Trump's travel ban Ethnic Yemenis and supporters protest against President Donald Trump's executive order temporarily banning immigrants and refugees from seven Muslim-majority countries, including Yemen on February 2, 2017 in the Brooklyn borough of New York City. At least 1,000 Yemeni-owned bodegas and grocery-stores across the city shut down from noon to 8 p.m. today to protest the order.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban Men pray during a protest by ethnic Yemenis and supporters over President Donald Trump's executive order temporarily banning immigrants and refugees from seven Muslim-majority countries, including Yemen on February 2, 2017 in the Brooklyn borough of New York City. At least 1,000 Yemeni-owned bodegas and grocery-stores across the city shut down from noon to 8 p.m. today to protest the order.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban Ethnic Yemenis and supporters protest against President Donald Trump's executive order temporarily banning immigrants and refugees from seven Muslim-majority countries, including Yemen on February 2, 2017 in the Brooklyn borough of New York City. At least 1,000 Yemeni-owned bodegas and grocery-stores across the city shut down from noon to 8 p.m. today to protest the order.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban Men pray during a protest by ethnic Yemenis and supporters over President Donald Trump's executive order temporarily banning immigrants and refugees from seven Muslim-majority countries, including Yemen on February 2, 2017 in the Brooklyn borough of New York City. At least 1,000 Yemeni-owned bodegas and grocery-stores across the city shut down from noon to 8 p.m. today to protest the order.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People gather for evening prayer at a rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally with flags at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban People rally with flags at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally with flags at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally with flags at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally with flags at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest US President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban People rally at Brooklyn Borough Hall as Yemeni bodega and grocery-stores shut down to protest President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen, on February 2, 2017 in New York.
Bryan R. Smith/AFP/Getty
New York City bodegas strike to protest Trump's travel ban A Yemeni business owner places a sign on the gate of his store February 2, 2017 in the Brooklyn borough of New York City. Across the city, Yemeni owned bodega and grocery-stores will shut down from noon to 8 p.m. to protest President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen. It is expected that over 1000 stores will be closed in protest with workers and owners participating in an afternoon rally in Brooklyn.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban A Yemeni business owner places a sign on the gate of his store February 2, 2017 in the Brooklyn borough of New York City. Across the city, Yemeni owned bodega and grocery-stores will shut down from noon to 8 p.m. to protest President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen. It is expected that over 1000 stores will be closed in protest with workers and owners participating in an afternoon rally in Brooklyn.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban NEW YORK, NY - FEBRUARY 02: Yemeni business owner Musa closes the gate to his store February 2, 2017 in the Brooklyn borough of New York City. Across the city, Yemeni owned bodega and grocery-stores will shut down from noon to 8 p.m. to protest President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen. It is expected that over 1000 stores will be closed in protest with workers and owners participating in an afternoon rally in Brooklyn.
Spencer Platt/Getty
New York City bodegas strike to protest Trump's travel ban A Yemeni business owner closes the gate to his store February 2, 2017 in the Brooklyn borough of New York City. Across the city, Yemeni owned bodega and grocery-stores will shut down from noon to 8 p.m. to protest President Donald Trump's Executive Order banning immigrants and refugees from seven Muslim-majority countries, including Yemen. It is expected that over 1000 stores will be closed in protest with workers and owners participating in an afternoon rally in Brooklyn.
Spencer Platt/Getty
Judge Watson concluded that while the order did not mention Islam by name, “a reasonable, objective observer… would conclude that the executive order was issued with a purpose to disfavour a particular religion”.
A second judge in Maryland identified similar concerns , ruling that the purpose of the ban was to discriminate against Muslims.
The new executive order has removed any reference to religion and does now not involve green card holders. It also removed Iraq from the list of targeted countries.
But lawyers for the American Civil Liberties Union echoed Judge Watson’s comments, saying Mr Trump’s statements on the campaign trail, and interviews given by advisers make clear that it was an attempt to block Muslims from entering the country.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies