U.S. President Donald Trump could issue a new executive order that addresses a federal appeals court's concern that his current immigration directive is too ''broadly phrased,'' says John Malcolm, a constitutional law expert at the Heritage Foundation. Rough Cut (no reporter narration).
ROUGH CUT (NO REPORTER NARRATION) STORY: While U.S. President Donald Trump's executive order on immigration may have suffered a legal setback this week, the president still has a number of options available to him in trying to carry out the ban, an expert on constitutional law said on Friday (February 10). "He can obviously appeal to the entire 9th Circuit if he wants to, or he can seek an emergency appeal to the Supreme Court of the United States," John Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies at the conservative think-thank, the Heritage Foundation. Trump announced the possibility of a "brand new order" that could be issued as soon as Monday or Tuesday, in a surprise talk with reporters aboard Air Force One late on Friday, as he and the Japanese premier headed to his estate in Florida for the weekend. His signaling of a possible new tack came a day after an appeals court in San Francisco upheld a court ruling last week that temporarily suspended Trump's original Jan. 27 executive order banning travel from seven majority-Muslim countries. Malcolm also said Trump could offer a new version of the order which addresses some of the issues raised in the judge's findings --- among them the broad and non-specific wording used by the White House. "The current executive order is very broadly phrased so it could be read for instance to apply to green card holders. It could also be read to apply to people who are already in this country illegally. The Supreme Court has said that green card holders, people who are in this country, even unlawfully, are entitled to certain due process protections before they can be deported," Malcolm said.