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0 pointscarlosdp5y ago0 comments

That's not what he means. They consistently pass exec orders that at the core would be legal, if they allowed for due process, but they rush it or are incompetent so they get overturned.

In this case, the order bans any US citizen from doing business with ByteDance, and doesn't make a carve out for retaining a US lawyer, which is a violation of due process and means a judge could overturn the order.

If they just added that carve out, it would probably be entirely legally defensible. That one dumb mis-step could mean it gets overturned. This keeps happening with the Trump admin, it's the same reason the DACA repeal was overturned by the supreme court.

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oh_sigh5y ago

There is no requirement that US based lawyers must be US citizens.

carlosdpOP5y ago

There is very much a constitutional requirement that the government can't tell you you can't have the lawyer you want because they are a US citizen. That's a clear violation of the 14th amendment right to due process...

vanviegen5y ago

Since when does the US apply its constitutional rights to foreign entities?

oh_sigh5y ago

A part of due process is the opportunity to be represented by counsel. Unless there are few or no quality lawyers who are not US citizens, I don't see how this would infringe on anyone's due process. Not being able to get the exact lawyer you want is not the same as your due process being violated.

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0 pointscarlosdp5y ago0 comments

That's not what he means. They consistently pass exec orders that at the core would be legal, if they allowed for due process, but they rush it or are incompetent so they get overturned.

0 comments

oh_sigh5y ago

There is no requirement that US based lawyers must be US citizens.

carlosdpOP5y ago

vanviegen5y ago

Since when does the US apply its constitutional rights to foreign entities?

oh_sigh5y ago

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