The Republican senator from South Carolina thinks the president’s travel ban on seven Muslim-majority countries can be “easily remedied,” despite the order being blocked by the Ninth Circuit Court of Appeals.
“You are familiar with this case,” MacCallum asked Gowdy. “What do you think about the Ninth Circuit Court’s decision? Do you believe that President Trump was in the right?”
Gowdy was highly critical of the court decision but also apportioned much of the blame on Trump’s legal advisers and how the Executive Order was written,
“Martha, anyone familiar with the Ninth Circuit is not surprised at their opinion. I think there is a really easy remedy that I think would build consensus across the entire country. You have to view people in different categories. There are U.S. citizens who are entitled to the full panoply of constitutional rights and due process.
In the other extreme, you have someone in Yemen who has never been to the United States, who just wants to visit Graceland. They are not entitled to any due process. They are not entitled to any Constitutional protections. And then, the group in the middle.
My counsel to the president, I’m sure he is a receiving this counsel, because he’s got access to much better lawyers than me, you have to have a different evidentiary basis depending on the category at bar. U.S. citizens is one category. If you have a visa and you have relied upon that visa to either rent an apartment or put your kids in school, then, you do have certain property interests that you would want protected. Therefore, you are entitled to due process.
So I think his executive order is pretty easily remedied. You can remedy it without going to the U.S. Supreme Court.”
Gowdy said that he is willing to give the president his support.
“I’m prepared to give this president time. He’s never served in the House, he’s never served in the Senate,” Gowdy said, adding that it is up to Trump’s legal advisers to “provide evidentiary basis to withstand a court scrutiny.”
“With different categories, like non-immigrant visa holders vs. U.S. citizens vs. non-U.S. citizens, there’s a different legal analysis,” he said.
Gowdy was critical of the court, as non-elected judges, should not be making decisions that affect national security.
“It’s not a blank check that the chief executive and commander in chief has,” Gowdy said, “but you certainly don’t have to clear everything” with the un-elected judges.