This comment is a follow-up to my November 29 comment (appearing in the November 30 issue of Immigration Daily) about Trump's retweeting of inflammatory videos posted by far right anti-Muslim extremist in the UK purporting to show "Muslims" engaging in despicable acts of violence. In my comment, I suggested that Trump's retweeting of this openly Islamophobic material could doom his Muslim ban defense strategy in various federal courts (and the Supreme Court, if the case reaches that Court again).

The reason, as I suggested, is that by retweeting these hate videos, (which bring back uncomfortable memories of similar material that the Nazi propaganda machine directed against the Jews, not to mention home-grown anti-Semitic American hate propaganda of a century ago, such as the infamous "Protocols of the Learned Elders of Zion" disseminated by another famous wealthy tycoon of that era, Henry Ford), Trump demolished whatever may have been left of his court arguments that the Muslim ban orders were motivated by national security rather than pure bigotry. My November 29 comment is available at:

A November 30 article by ACLU communications director Amrit Cheng supports the above contention which I outlined in my own article. See:

Trump's Lawyers Say the Muslim Ban Has No Bias, But His Tweets Show Otherwise

Cheng writes:

"Trump's prejudice against Muslims reveals itself at every turn - because he is the one revealing it. He showed his bias with Wednesday's tweets, with pronouncements like 'Islam hates us' and with every version of the Muslim ban...

Not surprisingly, courts have repeatedly recognized that the president's Muslim bans are inextricably tied to the president's flagrant prejudice and his repeated promises to ban Muslims from coming to the United States."

Cheng also writes:

"Yesterday's tweets can be added to Trump's long list of anti-Muslim statements and actions..."

And as I pointed out in my November 30 Immigration Daily comment, the tweets completely give the lie to the claim by his defenders that Trump's history of anti-Muslim campaign statements took place "too long ago" to be used against him in the ongoing Muslim ban litigation, which the ACLU will continue to pursue before the 4th Circuit on December 8, according to Cheng's article.

Trump's anti-Muslim campaign statements, to be sure, took place between one and two years ago, which itself hardly qualifies as ancient history.

But his vicious Islamophobic retweets took place on November 29, 2017 ten months after his first Muslim ban executive order. And just in case any of Trump's defenders may have happened to overlook this little detail, on November 29, 2017, Donald Trump was no longer a presidential candidate, who might arguably have been entitled to some leeway in his statements while seeking office (at least according to his supporters' theory of presidential campaigns).

He was the president of the United States and had been so for close to a year.

And as Cheng aptly puts it in his article:

"We should all be outraged that the president of the United States is promoting and endorsing videos that are plainly designed to fan the flames of anti-Muslim hatred. The decision to do that is reckless, dangerous and contrary to fundamental American values that protect all of us from religious discrimination."

And this is the ultimate point about the entire controversy ovr the Muslim ban executive orders and Trump's history of other bigoted statements and actions against Muslim immigrants (and threats against Muslim Americans, we also must not forget).

It is not only the rights of Muslims, or of immigrants that are at stake. It is also the fundamental rights and freedoms of all Americans, regardless of religion, that Trump is now putting in danger by his campaign of fear, hatred and prejudice against Muslims and other non-white, non-European immigrants.

Roger Algase
Attorney at Law